KARABI KARMAKAR Vs. SHIBANI KARMAKAR

JUDGEMENT

(1.) The petitioners in this revision are the defendants in Title Suit No. 69 of 2000 pending in the Court of learned Civil Judge (Senior Division) No.1, Cachar, Silchar, and they have challenged the order, dated 27.11.2002, passed in the suit, whereby the application for amendment of the plaint made by the plaintiff-opposite party has been allowed by the learned trial Court.

(2.) In a nutshell, the material facts leading to this revision may be narrated as follows: The plaintiff instituted Title Suit No. 69/ 2000 aforementioned seeking, inter alia, declaration of plaintiff s right as co-owner over the suit property claiming the same to be a joint property of the plaintiff and the defendants. The defendants filed their written statement laying counter-claim over the property. In the suit so instituted, the plaintiffs submitted an application for amendment of the plaint, whereby a prayer was made to the effect that a decree for partition of the suit property by also granted. This application for amendment was resisted by the defendants on the ground, inter alia, that the amendments, sought for, would change the nature and character of the plaint. After hearing learned counsel for the parties, the prayer for amendment was, as indicated hereinabove, allowed by the impugned order.

(3.) The short point, which arises for consideration in the present revision, is this: can an order allowing amendment of pleadings be interfered with by the High Court in exercise of its revisional jurisdiction under Section 115 of the Code of Civil Procedure (Amendment) Act, 2000?