SUDARSHAN DAS Vs. KAMALENDU MONDAL

JUDGEMENT

(1.) This is an application under sec. 227 of the Constitution of India against order No. 11 dtd. 17/4/2017 passed by learned Civil Judge Junior Division, 1st Court, Uluberia, in Title Suit No. 643 of 2015.

(2.) Petitioner as plaintiff had filed a suit against opposite parties wherein petitioner had prayed for right title interest over 'A' schedule property and had further prayed for a decree for rectification of the deed of sale , registered on 14/8/1996 and also for injunction restraining defendants no. 1 to 4 from alienating 2/3 share out of the 'A' schedule property, being Title Suit no 643 of 2015 which is now pending before learned Civil Judge (Junior Division) 1st Court Uluberia. In the said suit petitioner had filed an application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure (CPC) and the said application for amendment was taken up for hearing by the Ld. Trial Judge and after hearing the parties, the learned Trial Judge by the impugned order, rejected the said application for amendment.

(3.) Mr. Kushal Chatterjee appearing on behalf of the petitioner submits that learned Trial judge has failed to appreciate that amendment as sought for, if allowed, will not change the nature and character of the suit. Learned Trial judge had erred in holding that plaintiff is intending to include new facts and events arising out of cause of action which is beyond the scope of the suit.