GOBINDA GHOSH Vs. BISWANATH GHOSH

JUDGEMENT

(1.) The plaintiffs were in need of money and took loan of Rs. 3,000/- by a security kobala dated 24-11-1964 and a registered Ekrarnama was also executed by the defendants on the same date stipulating the terms of reconveyance therein. Initially the plaintiffs filed a suit under Section 36 of Bengal Money Lenders Act, 1940 on 7th May, 1970. Subsequently, the plaintiffs filed an application for amendment on 1st March, 1975. The learned trial Judge dismissed the said application. The plaintiffs preferred appeal against the said rejection order and the appellate Court reversed the order.

(2.) By virtue of an amendment the plaintiffs converted the suit into a suit for specific performance of contract and the appellate Court below accepting the amendment remanded the matter to the trial Court for fresh trial in terms of the amended prayer of the plaintiffs.

(3.) The defendants contested the suit by filing written statement and additional written statement containing inter alia that the plaintiffs have not paid a sum of Rs. 3,000/ - within the stipulated time, the right of reconveyance has been destroyed, so the suit must fall. During the pendency of the suit the defendant No. 1 and his heirs have been substituted by Order No. 89 dated 26-11-1980.