(1.) This civil revision is directed against the order dated May 16, 2013 passed by the learned Civil Judge (Junior Division), Additional Court at Bankura in connection with Title Suit No. 4 of 2012.
(2.) By passing the impugned order learned Trial Court allowed the application in part filed by the plaintiffs with a prayer for amendment of the plaint. Being aggrieved and dissatisfied with the said impugned order one of the plaintiffs filed this instant application under Article 227 of the Constitution of India.
(3.) The petitioner along with proforma opposite party had instituted a suit against the defendants with a prayer for declaration of title and for injunction in respect of the scheduled property as mentioned in the plaint. The defendants entered into that suit and contested the same by filing written statement denying and disputing all the materials allegations as stated in the plaint. In that suit an Advocate Commissioner was appointed to hold local investigation in respect of the suit property and after conducting the local investigation the Advocate Commissioner submitted a report before the Trial Court. Thereafter this petitioner along with the proforma opposite party had filed an application with a prayer for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure before the Trial Court by which they intended to insert the prayers of mandatory injunction and recovery of possession in respect of a 'bedi' situated on the scheduled property in the prayer portion of the plaint. Another prayer was also made by the plaintiffs with a prayer for relinquishing the claim over a 'Koop' (well) as predecessors of the plaintiff have already gave it in favour of the Bankura Municipality and by filing the amendment application the plaintiffs prayed for deleting the said prayer portion from the plaint.