AMIRUZZAMAN Vs. NANIK CHAND BINAKIA

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as opposite party nos. 1 and 2.

(2.) The defendants petitioners are aggrieved by order dated 27.7.2009 passed by the Additional Munsif-I, Kishanganj in Eviction Suit No. 1/2000.

(3.) Learned counsel for the petitioners submitted that the court below was fully empowered under Order XIV, Rule 5 of the Code of Civil Procedure (hereinafter to be referred to as "the Code") to make amendment in the issues of the suit or frame additional issues at any stage prior to the pronouncement of the judgment and decree, it is further submitted that the issues, as contained in Annexure-3, which is the application of this petitioner before the court concerned for the said purpose, are necessary to be framed. From perusal of Ahnexure-3, it appears that five additional issues have been suggested by the defendants-petitioners.