SK.AKBAR ALI Vs. SM.GAYATRI GHOSH

JUDGEMENT

(1.) : Challenge is to the Order dated May 30, 2013 passed by the learned Civil Judge (Junior Division), 5th Court, Howrah in Title Suit No.118 of 2006 thereby rejecting an application for amendment of the plaint.

(2.) The plaintiff/petitioner herein instituted the aforesaid suit for permanent injunction and damages praying for a decree of permanent injunction restraining the defendant from transferring or encumbering or making over possession of the suit property to anybody else in any manner whatsoever and other consequential reliefs. During the pendency of the suit, the plaintiff filed the said application for amendment of the plaint incorporating the relief of specific performance of contract directing the substituted defendants to execute and register the deed of conveyance in terms of the deed of agreement dated March 15, 2003 and subsequent extended deed dated March 20, 2005 in favour of the plaintiff in respect of the suit property with delivery of possession thereof. That application was rejected by the impugned order. Being aggrieved, the plaintiff/petitioner herein has preferred this application.

(3.) Now, the question is whether the learned Trial Judge is justified in rejecting the prayer for amendment of the plaint.