NUR ISLAM Vs. MALEK UDDIN AHMED

JUDGEMENT

(1.) The instant petition has been filed under Article 227 of the Constitution of India against an order dtd. 12/12/2018 passed by the learned Civil Judge, Goalpara in Misc (J) Case No. 59/2018 arising out of T.S. No. 02/2016. The petitioner was the defendant No. 9 in the aforesaid suit.

(2.) The suit was instituted for declaration of right, title, interest and also had challenged three numbers of Sale Deeds. While the suit was pending, the respondents, as plaintiffs had filed Miss (J) Case No. 22/2018 under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint. The said petition was however rejected by the learned Court vide Order dtd. 15/9/2018. Thereafter, another petition under the same provision of Order VI Rule 17 of the CPC has been filed. The said petition was objected to by the present petitioner by filing a written objection wherein it was stated that the present petition was identical to the earlier petition and therefore, the bar of res judicata would be applicable. However, vide the impugned order dtd. 12/12/2018, the amendment has been allowed. It is the legality and validity of the said order by which the amendment was allowed by the Court which is the subject matter of challenge in this petition.

(3.) I have heard Shri M.U. Mondal, learned counsel for the petitioner. I have also heard Shri B.C. Das, learned Senior Counsel for the contesting respondents. The materials placed before this Court have been duly perused.