SUDHIR KUMAR BHATTACHARJEE Vs. NAMITA CHOWDHURY

JUDGEMENT

(1.) THIS is a revisional application against an order passed by the learned trial judge rejecting an application for amendment of the plaint filed by the added plaintiffs. The learned trial judge was of the opinion that such prayer for amendment was barred under Section 6 of the Transfer of Property Act, 1882.

(2.) THE original owners of the suit premises instituted a suit for eviction of a premises tenant, inter alia, on the grounds of default and reasonable requirement. During the pendency of the suit, they transferred the suit property in favour of the present petitioners.

(3.) THE present petitioners filed an application for their addition in the suit and for leave to continue the suit against the defendant. Although the application was captioned under Order 1, Rule 10 of the Code of Civil procedure, but, upon perusal of a copy of the order No. 167 dated August 22, 2001, it appears that the learned judge, in exercise of this power under Rule 10 of Order XXII of the Code, allowed the prayer for addition of the purchasers and permitted them to continue with the suit.