MD IDRIS ALI MULLICK Vs. ABDUR RAHIM MONDAL

JUDGEMENT

(1.) The judgment of the Court was as follows : The present case has arisen out of an application under Section 115 of Code of Civil Procedure. It is directed against Order No. 50 dated 19th July, 2002 passed by the learned Civil Judge, 3rd Court, Junior Division at Baruipur, District 24-Parganas (South).

(2.) After hearing learned Counsel for both parties and having regard to materials-on-record it appears that the crux of the present controversy is as to whether the learned Trial Court was justified in rejecting the application under Order 6 Rule 17 of the Code of Civil Procedure filed by the present petitioner, as defendant before it.

(3.) It appears from the impugned order that the said amendment petition was rejected mainly on two grounds, i.e. (i) on the ground that the said amendment application did not disclose any reason as to why such petition could not be filed earlier and (ii) that the proposed amendment was inconsistent with the defendant's title as revealed from the title deeds.