ALOK KUMAR MAJUMDER Vs. DILIP KUIMAR MAJUMDER

JUDGEMENT

(1.) This re-visional application is directed against the order dated January 16, 2010 passed by the learned Civil Judge (Junior Division), Additional Court, Berhampore in Title Suit No.144 of 2003 thereby rejecting the application for amendment under Order 6, Rule 17 of the Code of Civil Procedure.

(2.) The grounds, inter alia, taken in the plaint for relief is that the learned Judge has erred in law in not appreciating and/or considering the object of Order 6, Rule 7 is that the court should try the merits of the case that came before and should consequently allow all amendments that may be necessary for determining the real question in controversy between the parties provided it does not cause injustice or prejudice to the other side. The rule of amendment is essentially a rule of justice, equity and good conscience and power of amendment should be exercised in the larger interest of doing full and complete justice to the parties before the court. The court always give leave to amend to pleadings of a party, unless it is satisfied that the party applying for was acting malafide. It is contended that in the present case, the impugned order of dismissal of the amendment application, the learned Judge opined that absence of malafide and, as such, the petitioner of amendment is made bonafide and for the ends of justice and it ought to be allowed. Accordingly, the petitioner has prayed for setting aside the order as bad in law and in fact.

(3.) The background leading to this re-visional application is that the petitioner had filed a suit for partition, being Partition Suit No.8 of 1995, before the learned Assistant District Judge, Murshidabad at Berhampore, which was decided and final decree was passed in terms of amicable settlement between the parties by way of solenama on August 28, 1997, which was made a part of the final decree.