HIRALAL PROSAD Vs. SATYA NARAYAN SINGH

JUDGEMENT

(1.) This revisional application is directed against an order dated 20th November, 2014 passed by the learned Additional District Judge, 1st Court, Serampore in Civil Revision No. 7 of 2014 affirming the order no. 31 dated 8th January, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court, Serampore, by which an application for amendment seeking incorporation of the counter-claim is rejected.

(2.) In a suit for recovery of possession on the ground of revocation of licence, the petitioner took a plea of better title than the licensee. The suit was posted at trial, when an application for amendment of the written statement incorporating the counter-claim to the effect that he is a tenant in respect of the suit premises is taken out.

(3.) The Trial Court rejected the said application as an earlier suit filed by the petitioner, being Title Suit No. 95 of 2005, praying for declaration of his tenancy right in respect of the suit premises, having dismissed, the relief by way of a counter-claim, which in effect is a cross-suit, is impermissible.