PURNA SASHI BISWAS Vs. BISHNUPADA MONDAL

JUDGEMENT

(1.) In his application under Order VI Rule 17 of the Code the plaintiff petitioner had prayed for amendment of his plaint to correct the Khatian No. of the suit property mentioned in the body of the plaint, as also in the schedule of the plaint as Khatian No. 730 in place and stead of Khatian No. 729. The plaintiff petitioner also prayed for substituting the name of Nurjan Bibi in place and stead of Monirul Molla in paragraph 4 of the plaint. He further prayed to amend his averments made in paragraph 11 of the plaint with regard to the title of one Gayamath (mentioned in paragraph 10 of the plaint) in respect of the suit property. However, by the impugned order the learned Court below rejected the amendment application filed by the petitioner by holding that the prayer for amendment of the Khatian No. of the suit property described in paragraph 1 and in the schedule of the plaint is belated and the same shall cause prejudice to the defendants.

(2.) However, in the impugned order the learned trial Judge has not decided the prayer of the plaintiff petitioner to incorporate further facts in paragraph 11 of the plaint. In the instant case, the amendment of the plaint as proposed by the plaintiff will not change the nature or character of the suit. Further, the plaintiff petitioner filed the amendment application before the trial of the suit commenced. For all these reasons, the impugned order dated December 6, 2007 passed by the learned Court below in T.S. No. 32 of 2004 stands set aside and the amendment application filed by the plaintiff petitioner is allowed, subject to payment of costs assessed at Rs. 300/ - (Rupees Three Hundred only) to be paid to each of the opposite party nos. 1 to 4 within June 20, 2016.

(3.) Subject to payment of the aforementioned costs, the plaintiff petitioner shall carry out the amendment of the plaint as allowed by this order within July 8, 2016. The opposite parties defendants shall be at liberty to file their additional written statement(s) within six weeks from the date of service of the copies of the amended plaint.