SIKHA SAMADDAR Vs. MINATI MONDAL

JUDGEMENT

(1.) This revisional application has been filed under Article 227 of the Constitution of India challenging Order No. 131 dtd. 8/4/2022 passed by learned Civil Judge (Senior Division), 1st Court, at Barasat in Title Suit No. 265 of 1995 allowing the application of the plaintiffs-opposite parties for amendment of the plaint.

(2.) The brief fact of the case is that the plaintiffs-opposite parties filed a suit for partition and injunction which is registered as Title Suit No. 265 of 1995. The defendant nos. 1, 3, 6 to 10 filed written statement in the suit on 30/8/1999. After framing of issues, the plaintiffs-opposite parties adduced evidence and it was closed on 30/10/2019. Thereafter one Barun Kumar Mondal filed his examination-in-chief as DW1 on 12/3/2020. On 22/11/2021 at the stage when further evidence of DW1 was taken up, the plaintiffs-opposite parties filed an application under Order VI Rule 17 of the Civil Procedure Code for amendment of the plaint. The defendant nos. 6 to 10 filed their written objection against the application for amendment of the plaint filed by the plaintiffs-opposite parties. Upon considering the materials on record, the learned Trial Court allowed the application for amendment of plaint filed by the plaintiffs-opposite parties.

(3.) Being aggrieved by and dissatisfied with the impugned order of the learned Trial Court, defendant nos. 2, 5, 6, 7(b), 8, 9(a) and 9(b) filed the present revisional application.