GOPAL HALDER Vs. BALAI @ HRISHIKESH HALDER

JUDGEMENT

(1.) The present revisional application is directed against the order No.111, dated 14th March, 2011 passed by the learned Civil Judge (Junior Division), 2nd Additional Court at Diamond Harbour in Title Suit No.76 of 2010 allowing thereby the Plaintiff's prayer for amendment of the Plaint.

(2.) The suit in the Trial Court was a suit for declaration of title and permanent injunction. The present Petitioners are the Defendant Nos.6, 8, 9 and an added Defendant and the present Opposite Party No.1 is the Plaintiff in the suit. Learned advocate for the Petitioners / Defendant Nos.6, 8, 9 and an added Defendant submits that the Plaintiff's / Opposite Party No.1's case in the plaint was that the Plaintiff / Opposite Party No.1 was all along in possession of the 'Kha' scheduled suit property; whereas it was the specific case of the Defendant Nos.6, 8, 9 and an added Defendant that they were in physical possession of the 'Kha' scheduled suit property and it was only when a local inspection was held in the suit property by the order of the Trial Court and it came out during such local inspection that the Plaintiff / Opposite Party No.1 was not in possession of the 'Kha' scheduled suit property, the Plaintiff / Opposite Party No.1 submitted the application for amendment of the plaint to include a new fact that the plaintiff / Opposite Party No.1 had been illegally dispossessed from the 'Kha' scheduled suit property during the pendency of the suit.

(3.) In the present case by the proposed amendment the Opposite Party No.1 / Plaintiff wanted to say that he had been illegally dispossessed from the 'Kha' scheduled suit property during the pendency of the suit and as such, he prayed for recovery of his khas possession over the said suit property.