SHREE KRISHNA WELDING WORKS Vs. UMA SHANKAR SINGH

JUDGEMENT

(1.) The petitioner before this Court is a tenant/defendant in a suit for eviction and is aggrieved by the Order dtd. 09/02/2023 passed by the Learned Civil Judge (Junior Division) 1stCourt at Howrah in Title Suit No. 144 of 2010 in allowing prayer of plaintiff/Landlord for amendment of plaint. The case of the petitioner/defendant may be summed up thus:

(2.) It is contended by the petitioner that the Learned Court below failed to consider the scope and ambit of the provisions contained under Order VI Rule 17 of the Code of Civil Procedure 1908. It is further contended that the Learned Court below acted illegally and with material irregularity in failing to consider that the said application for amendment of the plaint having been filed at such belated stage of the suit and more particularly after a period of 12 years cannot be allowed. It is also contended that the proposed amendment in no way was required for proper and effective adjudication of the suit and the statutory ground of Sec. 2(g) of West Bengal Premises Tenancy Act 1997 not needed to be amended and the same being a point of law can always be taken at the time of hearing of the suit.

(3.) Heard Learned Advocate for the petitioner and Learned Advocate for the opposite party. Perused the petition filed, written notes of arguments, and materials on record.