SRI KINKAR CHANDRA HALDER Vs. MONDODARI MONDAL

JUDGEMENT

(1.) In the present revisional application under Article 227 of the Constitution the legality and propriety of the order dated 23rd May, 2003 passed by the learned Civil Judge (Junior Division), 2nd Court at Bankura in Title Suit No. 25 of 2002 has been assailed.

(2.) The plaintiffs/ petitioners have claimed that they filed the above title suit being 25 of 2002 praying for a declaration that they are absolute owners of disputed plot of land measuring 34 decimals in plot no. 381/2202 pertaining to L.R. Khatian no. 844 as per Ka schedule and 8.5 decimal of land pertaining to L.R. Khatian no. 381/2202 as at Kha schedule to the plaint by virtue of a registered sale deed dated 11.07.1985 with prayer for permanent injunction. During pendency of the suit they filed one application under Order 6 Rule 17 read with Section 151 CPC praying for certain amendment of the plaint as well as the prayer which was opposed by the defendants.

(3.) After hearing both parties by order no. 25 dated 23.05.2003 the learned Trial Court has rejected the petition on the ground that the said disputed plot no. 381/2202 was the subject-matter of one previously instituted suit being T. S. No. 84/1989 which was decreed in favour of the present defendants and in the said suit the present plaintiff as D.W.-1 has admitted that there was no gate or door on the southern side of the boundary and he has no claim over the said gate. In Title Appeal no. 59/1993 arising out of the said title suit the plaintiffs filed amendment petition which was rejected. Therefore, the decision taken in the aforesaid suit and trial has already reached its finality and by allowing such prayer for amendment in the present suit the matter already decided cannot be reopened which will, if allowed, change the nature and character of the suit.