KINKAR BHUSAN ROY Vs. GOPAL CHANDRA MONDAL

JUDGEMENT

(1.) THIS revisional application under Article 227 of the Constitution of india was filed by the plaintiffs/petitioners against the order dated 7th january, 2008, passed by learned Second Court of Civil Judge, (Junior division), Basirhat, North 24-Parganas in Title Suit No. 214 of 1997, rejecting the prayer for amendment by the plaintiffs/ petitioners.

(2.) THE plaintiffs/petitioners filed the Title Suit No. 214 of 1997 for declaration of title and permanent injunction and the defendant filed the written statement and ultimately after completion of examination and cross-examination of P. W. 1 and P. W. 2, the plaintiffs filed the instant application for amendment of the plaint. By such amendment the plaintiffs wanted to challenge the death certificate, filed by the defendant in respect of the death of Nihar Chandra Mondal on 7th October, 1940. By such amendment, the plaintiffs also tried to make out a case that the said Nihar chandra Mondal while alive executed the sale deed dated 21st December, 1943, in favour of Nagendra Sardar and Khagendra Sardar, in respect of the suit property. Such evidence to the effect that Nihar Chandra Mondal died on 7th October, 1940 if established then the plaintiffs' very case that the said Nihar Chandra Mondal sold the suit property to the plaintiffs-predecessor becomes unbelievable.

(3.) IN the written statement itself, it appears that this story that Nihar chandra Mondal was not at all alive at the time of so called transfer to plaintiffs-predecessor was not pleaded. After the evidence of the P. W. 1 and P. W. 2 was recorded, that is, after the trial commenced, learned Court below did not want to incorporate such amendment of the plaint.