PAPPU SINGH Vs. NIRPATI BHUSAN HAZRA

JUDGEMENT

(1.) The present revisional application under Article 227 of the Constitution of India is directed against the order dated 10.08.2006 passed by the learned Judge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 534 of 2000 dismissing the petitioner's application for amendment of his pleadings.

(2.) The circumstances leading to the above application are that the O.P./plaintiffs instituted a suit being Ejectment Suit No. 491/98 subsequently re-numbered as Ejectment Suit No. 534/2000 on transfer to the Court of Small Causes Court at Calcutta, against the petitioner/defendant on the grounds of default, reasonable requirement etc. The written statement was amended incorporating subsequent events regarding death of the mother of plaintiff No. 1 and possession of two rooms, earlier occupied by two tenants, by the plaintiffs. The plaint was subsequently amended in 2004 incorporating certain facts. After commencement of trial and filing of affidavit evidence of P.W. 1 denying construction of further rooms, and filing of additional written statement, the plaintiffs made further construction of rooms on the roof of the first floor thus making the premises partly three-storied building resulting in availability of further additional accommodation of the plaintiffs. The petitioner accordingly filed an application for amendment of his pleadings for incorporating the said subsequent events which was dismissed by the impugned order.

(3.) Being dissatisfied the petitioner has come up before this Court.