NUR KHATOON BIBI ALIAS BEWA Vs. ATIMAN BIBI

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.28 dated November 1, 2006 passed by the learned Civil Judge (Junior Division), Additional Court, Lalbagh in Title Suit No.278 of 2005 thereby rejecting an application for amendment of the written statement.

(2.) THE plaintiff / opposite party herein instituted a suit for declaration, injunction and other reliefs. THE petitioner is contesting the said suit by filing a written statement denying the material allegations made in the plaint and the said suit was at the stage of cross-examination of the P.W.1. At that stage, the defendant / petitioner herein filed an application for amendment of the written statement and that application for amendment was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) IN the instant case, I find that by the proposed amendment, the petitioner had prayed for withdrawal of the admission made earlier in paragraph no.9 of the written statement and by the proposed amendment, she had prayed for substitution for the earlier written statement incorporating new facts. So, at the stage of cross-examination, that is, when the examination-in-chief was over, if the amendment is allowed, the plaintiff will be prejudiced.