AKBAR ALI Vs. MOSLEM UDDIN MANDAL MANDAL

JUDGEMENT

(1.) The Petitioners herein are the Defendants on the file of the learned Munsiff, Bilasipara who have sought for an amendment of the written statement being Misc. (J) Case No. 48/2010 arising out of Title Suit No. 29/2009. The learned trial court vide impugned order dated 17.8.2010 rejected the prayer for amendment of the written statement holding that there is lack of due diligence on the part of the Defendants in seeking the amendment, which, if allowed, would change the character of the suit, more so, when there is an admission in favour of the Plaintiffs in the written statement filed already. The impugned order dated 17.8.2010 is now under challenge before this Court in exercise of power under article 227 of the Constitution of India.

(2.) Now the question arises as to whether the approach adopted by the trial court can be stated to have suffered from any infirmity so as to call for interference by this Court in a petition under article 227 of the Constitution of India.

(3.) In order to answer the question as indicated above, the court is required to go through the facts which is summarized hereinbelow: