SRI SAMBHU NATH MANNA Vs. SUSAMA MANNA

JUDGEMENT

(1.) This revisional application is directed against the order dated March 28, 2009 passed by the learned Civil Judge (Junior Division), 6 th Court, Howrah in Title Suit No.68 of 2009.

(2.) The defendant has challenged the impugned order. The plaintiffs / opposite parties instituted a suit being Title Suit No.68 of 2009 for a decree of declaration that the plaintiff no.2 is the absolute owner in respect of the property as described in Schedule 'B' to the plaint, decree of declaration that the plaintiff no.1 is the absolute owner in respect of the property described in Schedule 'C' to the plaint, permanent injunction and other reliefs. The defendant is contesting the said title suit by filing a written statement denying the material allegations raised in the plaint. The suit was at the stage of recording evidence. In fact, the evidence on behalf of the plaintiffs was closed. At that time, the defendant came with an application under Order 6 Rule 17 of the C.P.C. read with Section 151 of the C.P.C. for amendment of the written statement along with a prayer for counter-claim. That application was rejected by the impugned order. Being aggrieved, this application has been preferred by the defendant.

(3.) Now, the question is whether the impugned order should be sustained.