SAFAR UDDIN Vs. BABUR ALI

JUDGEMENT

(1.) Heard Mr. P.K. Roy Choudhury, learned counsel appearing for the petitioners. Also heard Mr. P.S. Deka, learned counsel representing the respondents.

(2.) This is an application under Article 227 of the Constitution of India challenging the order dtd. 5/4/2019 passed by the learned Munsiff No.1, Barpeta in Misc.(J) Case No.131/2019 arising out of Title Suit No.51/2012.

(3.) The present petitioners are the defendants in the Title Suit No.51/2012. They filed written statement-cum-counterclaim. After that, they filed a petition under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment of the written statement-cum-counterclaim. That petition was registered as Misc. (J) Case No.131/2019. The trial court after hearing both sides, partially allowed the amendment and partially rejected some other proposed amendments. The reason for rejection of the proposed amendments was that the amendments would affect the nature of the suit.