RABIYA KHATOON WIFE OF HABIBUR RAHMAN RESIDENT OF VILLAGE/P.S./P.O. Vs. ANJUM KHATOON WIFE OF MD. SAHEBUDDIN RESIDENT OF VILLAGE/P.S./P.O.

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The present application under Art. 227 of the Constitution of India has been filed questioning the legal sustainability of the order dated 11.03.2014 passed in T.S.No.32/2006 by which the prayer for amendment in the plaint has been allowed.

(3.) The facts of the case need not be exposited in detail in view of the limited nature of the controversy at present. Suffice it to state that the plaintiff filed the T.S.No.32/2006 for declaration of title and recovery of possession over the suit property mentioned in the schedule of the plaint where the suit property has been described as 31/2 dhur of land of C.S.Plot No.6576 also corresponding to R.S.Plot No. 12724. The petitioner who is a contesting defendant in the suit filed her written statement resisting the grant of the relief to the plaintiff as prayed. It is not in dispute between the parties that the plaintiff led her evidence in the suit and thereafter it was closed on 01.02.2012. Similarly the evidence of the defendant after completion has been closed on 20.07.2013. On behalf of the plaintiff the petition has been filed on 24.01.2014 praying for amendment in the plaint relating to the correction of the Plot Number given in schedule of the plaint as R.S.Plot No.12723/18699 in place of R.S.Plot No.12724. The said prayer for amendment has been allowed by the learned court below after imposing cost upon the plaintiff by the order impugned in this application.