MOHAN DAS Vs. IRA MUKHERJEE & ANR

JUDGEMENT

(1.) The application under Article 227 of the Constitution of India has been directed against Order No.13 dated March 8, 2016 passed by learned Additional District Judge, 12th Court at Alipore in Title Appeal No.30 of 2015 rejecting the amendment application filed by the petitioner-appellantdefendant (hereinafter called on only the petitioner) under Order 6 Rule 17 CPC.

(2.) Heard Mr Banerjee assisted by Mr Mohiuddin representing the petitioner and Mr Mondal appearing for the second opposite party, Mir Akhtar Ali. Perused the materials on record as well as the LCR as made available before this court.

(3.) Mr Banerjee assailed the order impugned virtually on two grounds: firstly, due to change of lawyer before learned trial court proper steps could not be taken as against the order of rejection of the earlier amendment application filed by the petitioner; and secondly, since the suit premises appear to be governed under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 and since thereby there is bar under section 21 of the Act putting embargo upon the civil court to adjudicate the suit of present nature and since at that relevant point of time no document was with the petitioner, he could not produce the same, and therefore the proposed amendment was filed before learned first appellate court to bring our the real controversy in issue, Mr Banerjee criticized the order impugned that for the interest of justice and to bring out the real controversy in issue, learned appellate court ought to have allowed the amendment application, instead of rejecting it. Submitted that the order impugned is not also supported with proper reasons.