AYUB ALI SARKAR Vs. MD. BADER ALI MIA

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been preferred against order dtd. 20/2/2018 passed by the learned Civil Judge (Junior Division), Additional Court, Cooch Behar in connection with Title Suit No. 02 of 2008. By the impugned order learned Court below rejected plaintiffs application under Order VI rule 17 of the Code of Civil Procedure (hereinafter referred as code).

(2.) Petitioners case in a nutshell is that petitioners as plaintiffs filed aforesaid suit for declaration and injunction against the defendant/opposite party no. 1, 2, 3 herein. During pendency of the suit, petitioners herein filed an application under order VI rule 17 of the Code for incorporation of a prayer in the plaint to the effect that the sale deed dtd. 12/12/2007 in favour of defendants is false, fictitious and fraudulent deed and the defendants have never acquired any right, title interest in the suit property, by dint of said deed.

(3.) The opposite parties herein as defendants filed their written objection in connection with the said application, contending that the proposed amendment, if allowed will change the nature and character of the suit and moreover the application for amendment is liable to be rejected, since it has been filed only to fill up the lacuna.