ADHIR KUMAR MONDAL Vs. BIMAL CHANDRA SANFUI

JUDGEMENT

(1.) This Revisional Application has been filed against the impugned Order No 101 passed by the Ld. Civil Judge (Junior Division) 3rd Court at Baruipur, in Title Suit No. 190 of 2001 of the said Court on 03.08.2010.

(2.) In passing such Order the Ld. Trial Court was pleased to reject an Amendment application under Or. VI, R. 17 of the CP Court filed on behalf of the plaintiff/petitioner on 06.02.2009.

(3.) A copy of the application in question filed on behalf of the petitioner is Annexure-'B' to the application. In that the plaintiff/petitioner has specifically stated that he came to know about the existence of a Registered Sale Deed dated 17.06.1968, allegedly executed in favour of one Baburam Sanfui, the predecessor-in-interest of the Defendants /Opp. Parties by one Sudhanya Chandra Mondal, only on 18.01.2009 when his cross-examination was being taken up. He therefore filed the Amendment Application by means of which it was sought to be inserted in the Plaint that alleged vendor Sudhanya Chandra Mondal had no lawful authority to execute any such sale deed in favour of Baburam Sanfui, and that the same was in any case not acted upon on account of certain endorsement made on its back side by the alleged vendee.