SUNIL CHANDRA SARKAR Vs. MANIK SARKAR

JUDGEMENT

(1.) The order dated 5.6.98 passe:d by the learned Civil Judge (Junior Division), Sonamura, West Tripura in case No. T.S.32 of rejecting the prayer of the petitioner for amendment of the plaint dated 24.4.98 is a subject matter under challenge in this Civil Revision.

(2.) I have heard Mr K.N. Bhattacharjee, learned senior counsel assisted try Mr S.B. Dutta, learned counsel and also Mr R.C. Debnath, learned counsel for the respondents

(3.) At the very outset, Mr K.N. Bhattacharjee, learned senior counsel for the petitioner argued that the learned Court below ought to have allowed the amendment petition in asmuchas by allowing such amendment of the plaint no character of the suit shall be changed. Apart from it, the proposed amendment of the plaint is very much essential and material for just and proper determination of the real points in controversy between the parties in the instant case and is such the petitioner-plaintiff had no other alternative but to file an amendment petition before the, learned Court below in view of the subsequent development of the case during the pendency of the original suit before the trial Court. Though the case has been pending since a pretty long time, certain development has already come up as for an instance, the case of the petitioner-plaintiff was decreed by the trial Court as well as the judgment and decree was affirmed by the first appellate Court. Thereafter, on the motion of the defendant- respondent by way of Second Appeal being No. S.A. 25/89, this Court set aside the judgment and decree of the learned Courts below under the related order of 9.12.96 and made the following observations and directions:-