SOUMEN CHOWDHURY Vs. JOYDEB KUNDU

JUDGEMENT

(1.) The instant civil revision application has been preferred by the petitioner under Article 227 of the Constitution of India with a prayer for setting aside of the order being no. 169 dtd. 26/4/2022 passed by Learned Civil Judge, Junior Division, 2 nd Court, Howrah in connection with Title Suit No. 218 of 2012.

(2.) The petitioner as Plaintiff filed a suit for eviction and mesne profits against the opposite party herein before the Court of Learned Civil Judge, Junior Division, 2nd Court, Howrah which was registered as Title Suit No. 218 of 2012. In the said suit, the opposite party herein appeared as Defendant and filed written statement. After commencement of trial, the petitioner filed an application under Order 6 rule 17 read with Sec. 151 of the Code of Civil Procedure, 1908 (for short CPC) before the Learned Civil Judge, Junior Division, 2nd Court at Howrah to the amended plaint to bring on record the total description and nature of Holding No. 16/1, Gopal Lal Chowdhury Lane and Holding No. 16/1/1, Gopal Lal Chowdhury Lane. The opposite party as defendant filed a written objection to the said application under Order 6 Rule 17 read with Sec. 151 of the CPC. Both the parties were examined-in-chief and cross- examined and it was concluded. On 26/4/2022, the Learned Civil Judge, Junior Division, 2nd Court, Howrah vide Order no. 169 dtd. 26/4/2022 was pleased to dismiss the petition under Order 6 Rule 17 on contest filed by the petitioner for amendment of plaint.

(3.) Being aggrieved by and dissatisfied with the said order of dismissal the petitioner has preferred this revision application.