KALPANA ROY Vs. ARUP KUMAR SEN & ANR

JUDGEMENT

(1.) The impugned order No 57 dated 21.06.2018 passed by the learned 5th Judge, Small Causes Court, Calcutta in Ejectment Suit No. 313 of 2013 allowing the amendment under Order 6 Rule 17 read with Section 151 CPC with a cost of Rs.1000/- to be paid by defendants to plaintiff is the subject matter of challenge in this revisional application under Section 227 of the Constitution of India.

(2.) Admittedly in the year 2013, petitioner/plaintiff filed a suit for ejectment taking grounds of reasonable requirement and others. The opposite parties/defendants entered appearance in such ejectment suit long before and chose to contest the suit by filing written statement.

(3.) All on a sudden, the defendants/opposite parties filed petition praying for amendment, in their written statement. The ground taken was that the landlord/plaintiff/petitioner had constructed a floor over the existing three (3) storied building, and such fact was attempted to put in the written statement filed by the defendants/opposite parties.