ANIL KUMAR MAHTO Vs. SUDEB CHANDRA GHOSAL

JUDGEMENT

(1.) This writ application has been filed against the order dated 13.7.2009 passed by learned Munsif at Ghatshila in Title Suit No. 10 of 2003 allowing the amendment of plaint on payment of cost. It is submitted that such amendment could not be allowed at the final stage of argument and it will change the nature and character of suit. Counsel for the petitioner relied on a judgment reported in 2008 AIR SCW 4007, Raj Kumar Guruwara (Dead) Thr. L. Rs. V/s. M/s. S. K. Sarwagi & co. Pvt. Ltd. & another.

(2.) In my opinion, the said judgment of Raj Kumar Guruwara , relied on by the counsel for the petitioners, is not applicable in the facts and circumstances of the present case.

(3.) After hearing the parties the court below has rightly found that the amendment sought though at belated stage, but it will not change the nature and character of the suit and if amendment is allowed it will not prejudice the other parties.