SUKTI GUPTA Vs. AMIT SEN

JUDGEMENT

(1.) THIS application is at the instance of the plaintiffs and is directed against the Order No.26 dated December 16, 2010 passed by the learned Civil Judge (Senior Division), 9th Court, Alipore in Title Suit No.2041 of 2008 thereby dismissing an application for amendment of the plaint.

(2.) THE original plaintiffs / predecessors-in-interest of the petitioners herein instituted a suit being Title Suit No.2041 of 2008 against the opposite parties for partition, permanent injunction and other reliefs. THE defendants / opposite parties herein are contesting the said suit by filing a written statement controverting the claim of the plaintiff. THE said suit was at the stage of peremptory hearing and accordingly, the plaintiff no.2 filed his examination-in-chief as P.W.1 by way of an affidavit before the learned Trial Judge. After filing of the said examination-in-chief on behalf of the plaintiffs, the petitioners have contended that there was typographical mistakes in the plaint and as such, the plaint was required to be amended accordingly. THEy filed the application for amendment of the plaint. Upon hearing both the sides, that application for amendment of the plaint was rejected by the impugned order. Being aggrieved, this application has been preferred by the plaintiffs. Now, the question is whether the impugned order should be sustained.

(3.) IN page no.2 paragraph No.3 may be deleted and in its place the following words may be inserted. That Rabindra Nath Gupta since deceased was the absolute sixteen annas owner of the suit property who had purchased the suit property out of his own income in the name of his second wife Smt. Debi Rani Gupta.