BHOLA MEHTA Vs. MOSTT. RADHA KUER

JUDGEMENT

(1.) The petitioner, defendant in Title Suit No. 16 of 2015, is aggrieved of order dated 16.11.2017 by which a part of amendment sought in the written statement has been declined.

(2.) Title Suit No. 16 of 2015 was instituted by Mostt. Radha Kuer and others for a decree for declaration of the plain tiffs' right, title and interest over the suit land. The plaintiffs have pleaded that they are legal heirs and successors of the survey raiyat namely Madho Kahar and Arjun Kahar and they are exercising their right, title and possession over 0.69 acres land comprised in Plot No. 531 under C.S. Khata No. 177 at village Sonpura. They have further asserted that they have been paying rent to the then landlord and after vesting of the Jamindari to the State authorities. The defendant contested the suit by filing written statement taking a stand that before vesting of the Jamindari Bandobasti in respect of 59.68 acres land in Sonpura riyasat was executed in favour of Dhaneshwar Buxroy erroneously, who in turn has executed Ladawinama in favour of his daughter Yogmaya Devi in the year 1960. In the pending suit, an application for amendment in the written statement was filed on the ground that due to typographical errors certain mistakes have crept in paragraph No. 10 of the written statement and in the name of the defendant. By the impugned order dated 16.11.2017, the Trial Judge has permitted the defendant to add Bhola Mahto as his alias name, however, amendment in the written statement for replacing name of Dhaneshwar Buxroy with Sidheshwar Buxroy has been declined.

(3.) The learned Counsel for the petitioner submits that since the defendant can take inconsistent plea in the written statement, rejection of the amendment as sought in the written statement for correcting the name in paragraph No. 10 and other paragraphs in the written statement on the ground that such amendment shall drastically affect the suit is improper.