SUKHENDU BIKASH LASHKAR Vs. NARAYAN CHANDRA BHOWMIK

JUDGEMENT

(1.) THIS revision petition is preferred by the petitioner, who was the plaintiff in the original suit No. T.S. 20 of 2010, calling in question the order, dated 15.11.2011, (Annexure P-6 to the revision petition) passed by the learned Civil Judge, (Senior Division), Udaipur, South Tripura in Civil Misc. No. 50 of 2011 arising out of T.S. No. 20 of 2010 whereby and whereunder the application under Order VI Rule 17 and Section 151 to 153 CPC for amending the plaint as well as correcting the decree passed in the aforesaid suit in favour of the plaintiff was rejected.

(2.) HEARD Mr. Somik Deb, learned Counsel for the plaintiff -petitioner and Mr. S. M. Chakraborty, learned senior Counsel assisted by Mr. S. Bhattacharjee, learned Counsel for the defendant-respondent. As agreed to by the learned Counsel for the parties and considering the question of law involved, the instant writ petition is taken up for final disposal at this admission stage.

(3.) IT has also been asserted in the plaint that on 12.10.2009, the defendant handed over the physical possession of the suit land, (i.e. the land proposed to be sold out), to the plaintiff with a liberty to the plaintiff to possess the same by his choice. IT was assured by the defendant that he and/or his successors, in no way, would disturb the peaceful possession of the plaintiff over the suit land.