BIMANTA BISWAS Vs. MONORANJAN KHA

JUDGEMENT

(1.) This revisional application is directed against order No. 102 dated 17.4.2009 passed by the Civil Judge (Junior Division) 1st Court, Krishttagar, Nadia in Title Suit No. 116 of 1995 by which the counter-claim filed by the defendant/opposite party was accepted and an application for taking off the said counter-claim from-the record was rejected. This is suit for recovery of possession from a licensee. The defendant/ opposite party claimed that they are the owner in respect of the property in question and possess the same on the strength of such right. The suit was ultimately decreed by the Trial Court.

(2.) Before the Appellate Court the defendant/opposite party filed an application for amendment seeking to incorporate the factum of sale of the property by the plaintiff/petitioner and also creating an obstruction in cultivation. Further application under Order 41 Rule 27 was, filed by the defendant/opposite party for production of the additional evidence.

(3.) The Appellate Court on the basis of application for amendment and an application for production of the additional evidence remanded the matter back to the Trial Court after giving an opportunity to amend the pleadings in the light of observations made in the said judgment.