( 1 ) THIS Rule is directed against Order No. 69 dated August 16, 1976 passed by the learned Subordinate Judge, 4th Court, Alipore in Title Suit No. 97 of 1975 allowing the application of the plaintiff for amendment of the plaint.

( 2 ) THE facts concerning the Civil Rule are inter alia that the plaintiff opposite party instituted a suit for ejectment against the defendant petitioner in respect of a portion of premises No. 1, Woodburn Road also known as 4a, Woodburn Park, Calcutta on the ground of building and rebuilding after demolishing the suit premises on the allegation that such building or rebuilding could not be carried out unless the defendant petitioner was evicted from the suit premises.

( 3 ) THE defendant opposite party entered appearance in the said suit and contested the said suit by filing a written statement inter alia contending that the alleged purpose of building and rebuilding was mala fide, motivated and not tenable in law.

( 4 ) DURING the pendency of the said suit the plaintiff opposite party made an application for amendment of plaint under Order 6, Rule 17 of the Code of Civil Procedure for inserting paragraphs 8a to 8c inter alia to the e