AMALENDU BHUNIA Vs. SABITA SADHUKHAN

JUDGEMENT

(1.) Learned counsel for the petitioners challenges an order, whereby the defendants/petitioners' application under Order XVIII Rule 17 of the Code of Civil Procedure was rejected.

(2.) The short background of the case is that an eviction suit bearing Ejectment Suit No. 16 of 2012 was filed by the plaintiffs/opposite parties, in which initially a written statement had been filed. Thereafter, evidence had been led by both the parties and concluded. Subsequently, the suit was fixed for arguments. At this juncture, the defendants/petitioners filed an application under Order VI Rule 17 of the Code of Civil Procedure for amendment of their written statement, which was allowed.

(3.) It is submitted by learned counsel for the petitioners that the subsequent recall of the plaintiffs' witnesses was essential in view of the amendment having been allowed.