SURESH PRASAD Vs. SRI. SURAJ KUMAR BHADANI

JUDGEMENT

(1.) The petitioner, plaintiff in Title Suit No. 112 of 2007, is aggrieved of order dated 05.11.2009 by which amendment in the plaint has been declined by the trial Judge.

(2.) Title Suit No. 112 of 2007 was instituted by the petitioner for a decree for specific performance of the agreement dated 01.06.2007 and for a direction to the defendant to register a sale-deed in favour of the plaintiff on payment of the balance consideration of Rs. 30,25,000/-. Suit was contested by the defendant by filing written statement taking a plea of non-joinder of party, that is, Rabindra Nath Chakraborty who allegedly had 1/5th undivided share in the schedule property under the agreement dated 01.06.2007. The defendant has pleaded that a general power of attorney was executed by Rabindra Nath Chakraborty, Birendra Nath Chakraborty, Mrs. Lita Chakraborty and Ahindra Nath Chakraborty in his favour appointing him their constituted attorney in respect of 4/5th share in the schedule property. Execution of agreement dated 01.06.2007 has been denied asserting that it was a forged and fabricated document. In paragraph no. 19 of the written statement the defendant has pleaded that a part of Schedule-A property, more particularly 4/5th share of the aforesaid persons, has already been transferred by him. This averment in the written statement, according to the plaintiff, necessitated filing of an application for amendment in the plaint. Through the application for amendment dated 08.07.2009 the plaintiff intends to add a new paragraph after paragraph no. 15 of the plaint:

(3.) The plaintiff has also sought to incorporate another prayer in the suit;