GOPI NATH DALUI Vs. SUKUMAR BHUSAN NANDY

JUDGEMENT

(1.) THIS application is at the instance of the defendant and is directed against the Order No.59 dated January 12, 2010 passed by the learned Judge, Presidency Small Causes, 5 th Bench, Calcutta in Ejectment Suit No.43 of 2003 thereby rejecting an application for amendment of the plaint.

(2.) THE plaintiff / opposite party herein instituted the aforesaid suit for ejectment and recovery of possession against the petitioner in respect of the one shop room being situated at the ground floor at Premises No.101/A/1B, Surendra Nath Banerjee Road, P.S. Taltala, Kolkata-700014. The defendant / petitioner is contesting the said suit by filing a written statement denying the material allegations raised in the plaint. The suit was at the stage of peremptory hearing and the evidence of the P.W.1 was being recorded. At that stage, the application for amendment of the plaint was filed, which was allowed on contests with costs of Rs.500.00. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained.

(3.) UNDER the circumstances, on getting some anomaly, the plaintiff filed an application for amendment of the plaint immediately for correction of the said mistake and that application was allowed by the impugned order.