BINODE BIHARI DAS Vs. KASHI NATH MUKHERJEE

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment of affirmance passed by the learned Assistant District Judge, 3rd Court at Alipore in Title Appeal No. 31 of 1996 affirming the judgment and decree dated 21st September, 1995 passed by the learned Munsif, 3rd Court at Alipore in Title Suit No. 471 of 1987.

(2.) THE plaintiffs' suit for eviction on the ground of reasonable requirement of the plaintiffs and the members of their family was allowed on contest by the learned Trial Judge. Being aggrieved by the judgment and decree of the learned Trial Judge, the defendant/appellant preferred an appeal before the learned First Appellate Court. Two applications were filed by the appellant in the said appeal. One of such application was filed under Order 8 Rule 9 of the Code of Civil Procedure seeking leave to file an additional written statement for bringing on record certain facts which according to the appellants, could not be brought on record at the time of filing original written statement through inadvertently. In the other application which was filed under Order 39 Rule 7 of the Code of Civil Procedure, the appellant prayed for appointment of an Advocate Commissioner for ascertaining the existing accommodation available to the plaintiffs/respondents at their various premises such as 11g, B. L. Ganguly Lane, 11l, B. L. Ganguly Lane and 11m, B. L. Ganguly Lane and the size and mode of user thereof.

(3.) THE learned First Appellate Court rejected both the aforesaid applications filed by the appellant and ultimately affirmed the judgment and decree of the learned Trial Judge. The learned Appeal Court rejected the appellant's application for leave to file additional written statement on various grounds such as:-