CHHATHOO SAH Vs. MUNSI SAH AND ORS.

JUDGEMENT

(1.) Defendant of Title Suit No. 372 of 1998 pending in the court of Sub-Judge-VII, Gopalganj is petitioner before this Court. He has filed this writ application for quashing the order dtd. 14/6/2010 whereby and whereunder the amendment petition filed by respondent 1st set (plaintiff) to amend the plaint was allowed.

(2.) Heard learned counsels for the petitioner and the respondents.

(3.) The respondent 1st set filed the aforesaid suit for declaration of his possession over the land mentioned in schedule given at the foot of the plaint. After closing the evidence of both the parties when the case was pending for argument, the respondent 1st party filed an amendment petition which after hearing was allowed, subject to payment of cost of Rs.1,000.00. The learned counsel for the petitioner submits that the suit was filed in the year 1998. The defendant appeared and filed written statement on 25/7/2000. After settlement of issues, both the parties examined their witnesses and thereafter the case was fixed for argument. In course of argument, the plaintiff filed an amendment petition on 17/2/2010. By the impugned order, the plaintiff was allowed to amend the portion of the plaint. The plaintiff has sought relief to declare the registered sale deed dtd. 12/3/1962 executed by Mosmat Darpaniya in favour of Dwarka Sah, who was father of the defendants, as forged, fabricated, inoperative and without consideration and on the basis of said sale deed, the defendant did not acquire any title. The plaintiff further added one more relief for recovery of possession if dispossessed from the suit land.