PINTU MONDAL Vs. SOMNATH DEY

JUDGEMENT

(1.) Leave is granted to the learned advocate on record for the petitioner to amend the Cause Title of the instant Civil Order, insofar as the description of the parties is concerned, here and now.

(2.) The defendant in a suit for eviction under Sec. 6 of the West Bengal Premises Tenancy Act, 1997 has filed the instant application under Art. 227 of the Constitution of India challenging a portion of the order no. 45 dated July 13, 2021 passed by the learned Civil Judge, Junior Division, 1st Court, Katwa in Title Suit No. 80 of 2016.

(3.) He further submits that the challenge in the earlier Civil Order was restricted only to the issue of grant of liberty to the defendant to file a fresh application and there was no occasion on the part of the coordinate Bench to enter into the issue with regard to the prayer for amendment of written statement. Thus it is submitted that the instant Civil Order is maintainable.