RAJ KUMAR AGARWALLA Vs. SHAERIAR MOIN CHOUDHURY

JUDGEMENT

(1.) THE subject matter of challenge of this revision petition is an order dated 22. 8. 08 passed in Title Suit No. 452/06 by which the learned Munsiff No. 2, Kamrup, Guwahati rejected the prayer of the applicant for amendment of the plaint filed by the plaintiff/petitioner.

(2.) I have heard Mr. S. Shyam, learned counsel appearing for the plaintiff/petitioner and Mr. S. P. Roy, learned counsel appearing on behalf of the defendants/respondent.

(3.) UPON service of summons, the defendants appeared and filed their joint written statements-cum-counter claim on 5. 7. 04 denying the allegations made in the plaint. Against the counter claim of the defendants, the plaintiff also filed his written statement. Upon passing through the pre trial stages the suit was set down for hearing and the plaintiff adduced evidences and witnesses by way of affidavit in the year 2004 itself. The suit was, thereafter, fixed for cross examination of the plaintiff's witnesses. At that stage, the defendant No. 1, the constituted attorney of 2 other defendants had expired. Thereafter, both the defendants No. 1 and 2 having been expired, their names were struck off from the pleading and the suit proceeded against the defendant No. 3 only. At that stage, the plaintiff filed an application under Order VI Rule 17 read with Section 151 of the CPC on 4. 8. 07 praying for amendment of the plaint by incorporating the paragraphs Nos. 3a, 3b, 3c, 3d and 6a. In the meantime, PW was partly cross examined.