AMIT SRIVASTAV Vs. BIJOY KUMAR LALA

JUDGEMENT

(1.) CHALLENGE is to the order no.27 dated September 27, 2010 passed by the learned Civil Judge (Junior Division), 4th Court, Alipore in Ejectment Suit o.529 of 2008 thereby rejecting an application under Order 6 Rule 17 of the C.P.C. filed by the defendant.

(2.) THE plaintiff / opposite party instituted a suit being Ejectment Suit No.529 of 2008 against one Smt. Gita Srivastava (since deceased), petitioner and the proforma opposite party no.2 for ejectment and damages before the learned Civil Judge (Junior Division), 4th Court, Alipore. THE defendants entered an appearance in the said suit and they are contesting the suit by filing a joint written statement controverting the material allegations raised in the plaint. THE suit was at the stage of further peremptory hearing and the P.W.1 was being examined on behalf of the plaintiff / opposite party herein. At that time, the defendants filed an application for amendment of the written statement and that application was rejected by the impugned order. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained.

(3.) THERE were several litigations between the landlord and the then Zaminder.