SHAFIQUL ISLAM CHOWDHURY (MD.) Vs. MUSTAFIZUR RAHMAN

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 5-12-2001 passed by a Division Bench of the High Court Division in Civil Revision No. 4631 of 2000 discharging the Rule and thereby refusing amendment of the plaint.

(2.) The appellants as plaintiffs filed Other Suit No. 184 of 1994 for declaration of title and Khas possession by evicting the defendants on removing obstructions. The defendants appeared and tiled written statement opposing the claim of the plaintiffs. The plaintiffs thereafter filed an application under Order VI, rule 17 of the Code of Civil Procedure for amendment of the plaint by incorporating a prayer for partition as an alternative to the prayer for eviction and also for addition of two persons as defendants.

(3.) Against this backdrop, the plaintiffs, who are appellants before us, filed the civil petition for leave to appeal. Leave was granted in the following terms: