SAEEDA YASMIN Vs. CAPITAL SERVICE CENTER LTD

JUDGEMENT

(1.) This petition for leave to appeal has been filed against the judgment of February 5, 2003 of the High Court Division in Civil Revision No. 235 of 2002 discharging the Rule which was obtained impugning the order dated 8-11-2001 (Order No. 43 dated 8-11-2001) of the 1st Court of Joint District Judge, Dhaka passed in Title Suit No. 225 of 1998 allowing the prayer for amendment of the plaint. The High Court Division discharged the Rule on the finding since the learned Joint District Judge on consideration of the application for amendment of the plaint and the objection filed thereto as well as the other materials has quite correctly found that the proposed amendment would not change the nature and character of the suit and that on consideration of the materials on record we are also of the view no interference is called for with the order of the learned Joint District Judge allowing the prayer for amendment of the plaint. It has been contended on behalf of the petitioner that the order of the trial Court allowing the prayer for amendment of the plaint is cryptic and that lacks reasoning and, as such, the High Court Division was in serious error in maintaining the order which is not speaking and that reasoning in support of the order is absent.

(2.) The order of the trial Court as well as of the High Court Division is not an elaborate one assigning reasoning in detail in support of the orders so passed. The law is now settled that merely because an order of a Court is not an elaborate one or that is not speaking one as should have been but for that the same is not liable to be set aside if on consideration of the materials on record it is seen that the order so passed is sustainable. We have perused the plaint sought to be amended and the application filed seeking amendment of the plaint as well as the other materials on record. The amendment so sought in major part is formal one and the rest is elaboration of the facts already averred in the plaint.

(3.) The learned Counsel for the petitioner felt difficulty to point out that incorporation or deletion of the facts stated in the application seeking amendment of the plaint in what respect and how it will change the nature and character of the suit.