SUBIR CHANDRA MITTRA Vs. SHYAMLAL CHOUDHARY

JUDGEMENT

(1.) This writ petition has been filed for quashing the order dated 25.8.2008 passed by learned Subordinate Judge-VII, Deoghar in Title Suit No. 28 of 2000 rejecting the additional written statement, filed on behalf of the petitioner.

(2.) Mr. Choudhary, learned counsel appearing for the petitioner submitted that the additional written statement has been rejected only on the ground that no leave was taken for filing additional written statement under Order VIII Rule 9 of the Code of Civil Procedure.

(3.) Ordinarily, the additional written statement could be accepted. However, when I examined the amendment sought for by the plaintiff, it appears that the plaintiff sought to add Bhagirath Bhaiya (respondent no. 3) as defendant in the suit saying that the petitioner has sold the suit property during the pendency of the suit to Mr. Bhagirath Bhaiya; and challenged such sale and claimed injunction against such purchaser. No further fact was stated.