GOPAL CHANDRA DAS Vs. RANJIT KUMAR ROY

JUDGEMENT

(1.) CHALLENGE is to the order no.118 dated July 17, 2002 passed by the learned Civil Judge (Junior Division), Second Court, Arambag in Title Suit No.13 of 1996 thereby rejecting an application for amendment of the written statement filed by the defendant.

(2.) THE plaintiff/opposite party herein instituted a suit being Title Suit No.13 of 1996 for recovery of possession on the ground of reasonable requirement, default, etc. THE defendant/petitioner herein was contesting the said suit all along. After his death, his heirs, that is, the present petitioners have been substituted. THE contention of the defendant is that during pendency of the suit, the landlord/owner got other accommodations and his accommodations were rented to other persons. This fact was not known to him earlier and so, he filed the application for additional written statement when he became aware of the fact. That application for filing written statement was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) IT may be noted herein that the suit premises is a shop room situated at the ground floor and the defendant is running a sweetmeat shop thereat.