ASHOK KUMAR JAISWAL Vs. MATRU PROSAD SHOW

JUDGEMENT

(1.) The order dated December 6, 2023 passed by the learned Civil Judge, (Junior Division), 3rd Court, at Howrah, in Title Suit No.13 of 2007, is the subject-matter of challenge, in this revisional application.

(2.) By the order impugned, the learned court rejected an application for amendment of the written statement filed by the defendants. According to the learned court, the amendment was not relevant to the suit as the factual aspects were completely different. The amendment was belated, as trial had commenced. PW1 had been partly cross-examined.

(3.) By the proposed amendment, the defendants wanted to bring on record that Title Suit No.08 of 2001, which had been decreed in favour of the plaintiff and the deed of sale which was executed on the basis of the decree, were vitiated by fraud. The plaintiff had claimed title over the suit property, on the basis of such fraudulent decree and title. The defendants wanted to incorporate pleadings that the decree which was obtained by fraud and the title deed of the plaintiff were void ab initio. In the schedule of amendment, it was further averred that although the defendants were impleaded in the said suit as defendant nos.3 and 4, they did not appear in the suit as summons were not served. They also contended that the alleged Vakalatnama and the petition for adjournment seeking time to file the written statement, were fabricated and illegally procured by the plaintiff.