RAJIB BAROOAH Vs. PURNIMATI PLANTATION PVT. LTD

JUDGEMENT

(1.) Heard B. J. Ghosh, the learned counsel appearing on behalf of the petitioner and Mr. K. Bhattacharjee, the learned counsel appearing on behalf of the respondent.

(2.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 12/4/2018 passed in Misc. (J) Case No.60/2017 arising out of Title Suit No.76/2009 whereby the application seeking amendment of the plaint was rejected by the Trial Court.

(3.) For the purpose of appreciating the perspective in which the impugned order was passed by the Trial Court, it would be relevant to take note of background to the application filed seeking amendment. The plaintiff had entered into a registered Deed of Lease dtd. 12/4/2004 with the defendant whereby in consideration to the payment to be made, the Tea Garden viz. Puranimati Tea Estate was leased out to the respondent w.e.f. 2/12/2003 for a term of 99 years. There are various terms and conditions mentioned in the said Lease Agreement. For the purpose of the instant application Clause - 2(VI) and Clause - 2(VIII) being relevant are quoted hereinbelow: