BHAKTI PRASAD DAS Vs. NAMITA BOSE

JUDGEMENT

(1.) 1. The plaintiffhas filed this application under Article 227 of the Constitution of India, inter alia, challenging an order dated 30.4.2003 passed by the learned Civil Judge (Senior Division), 9th Court at Alipore, South 24-Parganas in Title Suit No. 8 of 2000, whereby the plaintiffs application for amendment of plaint was rejected.

(2.) The plaintiff filed the suit for eviction on the ground of reasonable requirement sometime in the year 2000.

(3.) Subsequently, the plaintiff filed an application under Order 6 Rule 17 of the Civil Procedure Code for amendment of his pleadings in the plaint. By the proposed amendment, the plaintiffs wanted to bring on record certain subsequent events by which the requirement of the plaintiffs has been increased during the pendenoy of the suit. According to the plaintiffs, the requirement of the plaintiffs has been increased as one of the plaintiffs, namely, plaintiff No. 4, who was in Kalyani has since been transferred to Calcutta sometime in the year 2002, i.e., during the pendency of the suit. Since the said plaintiff along with his family members are now residing in the suit premises, the plaintiffs also require two more additional rooms to meet the requirement of the said plaintiff No. 4.