ADBUL BASID Vs. NAZRUL HAQUE AND ORS.

JUDGEMENT

(1.) The order dated 30.09.2014 passed by the Munsiff, North Salmara Abhayapuri in T.S. No. 22 of 2006, whereby the learned Munsiff, rejected the prayer for amendment of the Plaint filed by the petitioner -plaintiff, has been challenged by filing this revision petition. I have heard Mr. MH Talukdar, learned Counsel appearing for the petitioner and also heard Mrs. R. Choudhury, learned counsel appearing on behalf of the respondent Nos. 1 to 4.

(2.) The petitioner filed a suit praying for declaration of his right, title and interest in respect of a plot of land measuring 9 Bigha 0 Kata 6 Lecha and cancellation of sale deed dated 11.03.2003 and also for permanent injunction restraining the defendants from disturbing the peaceful plaintiffs possession of the land.

(3.) According to the petitioner, during the pendency of the suit, the defendants in violation of the order to maintain status quo of the suit land dispossessed the plaintiff from the suit land. Thereafter, the plaintiff filed an application for amendment of the plaint to bring on record the subsequent development and also to amend the Plaint by adding the prayer for delivery of khas possession of the suit land evicting the defendants and their men from the suit land. The defendants/opp. Party filed objection wherein they contended that the suit land was in their possession and the allegation of dispossession is not true. The prayer of the plaintiff to amend the plaint when the case was posted for evidence cannot be entertained.