ABDUL KHALIQUE Vs. ABDUL SATTAR

JUDGEMENT

(1.) THIS writ petition has been filed challenging the legality and validity of the order passed by the trial Court allowing the prayer for amendment of the plaint.

(2.) THE petitioner is the defendant No. 1 while the respondent is the plaintiff in Title Suit No. 182/2002 pending before the learned Civil Judge (Junior Division) No. 1, Karimganj. The suit has been filed by the plaintiff respondent against the defendant-petitioner and the defendant No. 2/proforma respondent for declaration of right, title, interest and khas possession over the suit land. The defendant-petitioner filed the written statement and on the basis of the pleadings, the issues have also been framed.

(3.) WHEN the matter was fixed for evidence of the plaintiff-respondent, he filed an application on 4. 10. 2004 under Order 6 Rule 17 read with Section 151 C. P. C. for amendment of the plaint. The defendant-petitioner filed objection to the prayer for amendment and upon hearing the parties, the trail Court has passed the impugned order dated 10. 2. 2005 allowing the amendment prayed for by the plaintiff-respondent. The impugned order reads as follows :