GAURANGO KUNDU Vs. PURUSHOTTAM DAS JHUNJHUNWALA

JUDGEMENT

(1.) The present writ petition has been preferred under Article 227 of the Constitution of India against an order passed by the Additional District Judge, Ghatsila dated 30th July, 2005 whereby, an application preferred by the original Defendant in Eviction Suit No. 1 of 1993 or the Respondent in Eviction Appeal No. 2 of 2003, to amend the written statement was dismissed by the lower appellate court.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case, I hereby, quash and set aside the order passed by the Additional District Judge, Ghatsila dated 30th July, 2005 mainly on the following facts and reasons:?

(3.) In view of these facts, this writ petition is allowed of. The order passed by the Additional District Judge, Ghatsila dated 30th July, 2005 in Eviction Appeal No. 2 of 2003 is hereby, quashed and set aside and the application, preferred by the Respondent in Eviction Appeal No. 2 of 2003 bringing on record the facts about the decisions given in Eviction Suit Nos. 2 of 2003 and 3 of 1993, is hereby, allowed. Eviction Appeal No. 2 of 2003 will be decided by the Additional District Judge, Ghatsila as expeditiously as possible and practicable.