P.K.DEB
Nawab Sah @ Md. Nawab Ali – Appellant
Versus
Md. Mustafa – Respondent
1. I.A. no. 1616 of 2002 has been filed by the respondents under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint in Title Suit no. 4 of 1990. On previous occasion similar petition was filed in I.A. no. 4338 of 2001 but the same had been dismissed for default as the counsel for the respondents-petitioner could not reach the court when the matter was called out. The respondents-petitioners were the plaintiffs along with respondent no. 16 as plaintiff no. 14 had filed the suit for declaration of title over the property detailed in Schedule-ll of the plaint and for declaration that the entry made in the recent Municipal survey records in Schedule-ll to be void. There was further declaration that instrument executed be defendant no. 3 in favour of defendant no 2 of which recent Municipal records have been prepared is void, inoperative etc. etc. The plaint was amended on several occasions before the court below. An amendedment was sought in the court below regarding some modification in respect of Schedule-ll and such amendment was allowed by the court below but therein place of Md. Mustafa by mistake Md. Amirul Sah was mentioned although all those land
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