KALI NARAYAN ROY Vs. DILIP KUMAR ROY CHOUDHURY

JUDGEMENT

(1.) This application is at the instance of the defendant No.2 and is directed against the Order dated February 7, 2006 passed by the learned Civil Judge (Junior Division), 5 th Court, Alipore in Title Suit No.271 of 1981 thereby allowing an application for amendment of the plaint.

(2.) The short fact is that the plaintiffs/opposite parties herein instituted a suit being Title Suit No.271 of 1981 for a decree for specific performance of contract against the defendant No.1 in respect of an immovable property and for permanent injunction against the defendants and other consequential reliefs. On the other hand, the defendant No.2/petitiner herein instituted a suit being Title Suit No.401 of 1982 against the plaintiffs/opposite parties herein for recovery of possession, permanent injunction and other reliefs. The two suits are being tried analogously and the suits are at the stage of recording evidence on behalf of the defendants. At that stage, on September 2, 2005 an application for amendment of the plaint was sought for and that application was allowed by the impugned order. Being aggrieved, this application has been filed.

(3.) Now, the question is whether the impugned order should be sustained.