SMT DULALI BALA SHARMA Vs. SRI SANTOSH CHOWDHURY

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order dated 16.09.2008 passed by the learned Judge (Junior Division), First Court at Sealdah in Title Suit No. 496 of 1986 whereby the learned Civil Judge rejected the petition dated 29.08.2008 under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure.

(2.) The plaintiff/petitioner filed the suit for eviction on the ground of default, reasonable requirement, sub-letting, etc. in 1986 and the suit is at the stage of peremptory hearing. After close of the evidence of the P.W.1 on behalf of the plaintiff, he sought for amendment of the plaint seeking certain facts which relate to the matter to be decided for consideration of eviction on the ground of reasonable requirement. That application was rejected by the order impugned. So the plaintiff filed this application.

(3.) Having considered the submission of the learned Advocate for the plaintiff/petitioner and on perusal of the materials available on record, I find that the proposed amendment is very much related to the ground of reasonable requirement for eviction. Though the suit was old and there was a direction by the Hon'ble Court to dispose of the suit at early, the proposed amendment sought for was made for settlement of the dispute once for all and some changes which occurred by lapse of time too, require for the purpose of determination the ground of reasonable requirement.