DHANANJOY SINGHA Vs. KALYANI SAMANTA

JUDGEMENT

(1.) This application is at the instance of the defendant and is directed against the Order No.215 dated August 16, 2013 passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah in Title Suit No.28 of 1996 thereby rejecting an application for amendment of the written statement.

(2.) The plaintiffs/opposite parties herein instituted the aforesaid suit for ejectment, recovery of possession, mesne profits and other reliefs against the petitioner herein on the ground of reasonable requirement, default violation of Clause (m), (o), (p) of Section 108 of the Transfer of Property Act and for building and rebuilding.

(3.) The defendant entered an appearance in the said suit and filed a written statement denying the material allegations raised in the plaint. He filed an application under Section 17(2) & (2A) of the West Bengal Premises Tenancy Act. Subsequently, the defendant filed an application for amendment of the written statement at the stage of peremptory hearing of the suit and that application was rejected by the impugned order. Being aggrieved, the defendant has preferred this application.