SMT. DRUPADI RANI MAHATI Vs. PURNA CH. MAHAPATRA

JUDGEMENT

(1.) THIS Rule is directed against an order dated 7 -11 -78 passed by the learned Munsif, 2nd Court, Midnapore in J. Misc. Case No. 32 of 1975 refusing the prayer of the petitioner for amendment of the plaint.

(2.) THE petitioner had filed an application under Section 8 of the West Bengal Land Reforms Act for pre -empting the transferred lands appertaining to kha -tian Nos. 14 and 46 of mouza Janageriya within Narayangarh Police Station and the said proceeding was registered as J. Misc. Case No. 32 of 1975. The petitioner had purchased some lands appertaining to khatian No. 14, the shares of opposite parties Nos. 10 and 11 by registered sale deed dated 9 -6 -69 and therebybecame co -sharer of khatian No. 46 and by purchase from Chittaranjan Maity and Basanta Maity by a sale deed dated 13 -11 -68 became adjoining land owners and as such became entitled to pre -empt the disputed lands. The petitioner filed an application praying for amendment of the pre -emption petition by adding or inserting the following words: 'Co -sharers in the said Jote' which expression had been dropped through inadvertence in the second paragraph of the petition for pre -emption and that as these words were necessary, the amendment was prayed for. The learned Munsif rejected that application for amendment on the ground that fay the proposed amendment the petitioner sought to introduce a new case, different in character, which will demolish the plea taken by the defence, Against the said order of rejection the petitioner has come up in revision. The petitioner has relied upon a case reported in (1979) 83 Cal WN 62 in support of his submisssion that the amendment would not change the nature and character of the application for pre -emption by adding a new ground, the ground being that he was a co -sharer and claiming as such to pre -empt the land in dispute.

(3.) IN the result, this application succeeds.