CHAMPA MONDAL Vs. KAMAL BOURI

JUDGEMENT

(1.) This application is at the instance of the petitioners/plaintiffs and is directed against the order dated 11/04/2019 passed by the learned Civil Judge (Senior Division) at Raghunathpur, Purulia in Title Appeal No. 21 of 2016 thereby rejecting an application under Order 6 Rule 17 of the Code of Civil Procedure (hereinafter referred to as "C.P.C.") for amendment of the plaint. The petitioners/plaintiffs instituted the suit for declaration that they are owners of the property mentioned in the schedule to the plaint, permanent injunction and other reliefs.

(2.) Respondents appeared in this suit and contested the same. Issues were framed. On analyzing the evidence, both oral and documentary, produced before the learned Civil Judge (Junior Division), Raghunathpur, Purulia by the parties, learned Civil Judge (Junior Division) was pleased to dismiss Title Suit No. 58 of 2012.

(3.) The petitioners/plaintiffs preferred an appeal being Title Appeal No. 21 of 2016 (old number), before the Court of the learned Civil Judge (Senior Division), Raghunathpur, Purulia against the said order of dismissal. Thereafter, the said appeal was fixed for hearing and on the date of hearing of the appeal, the said amendment application under Order 6 Rule 17 of CPC was filed by the appellants on 25/09/2018.