Prasenjit Mandal, J.

1. CHALLENGE is to the Order No.35 dated January 19, 2005 passed by the learned Additional District Judge, 1st Track Court, Chandannagore in Title Appeal No.39 of 2001 thereby rejecting an application under Order 26 Rule 9 of the C.P.C.

2. THE plaintiff / petitioner herein instituted a suit being Title Suit No.74 of 1997 against the opposite parties for recovery of possession and injunction in respect of the property described in the schedule of the plaint before the learned Civil Judge 2nd (Junior Division), Court, Chandannagore. The defendants entered appearance and they are contesting the said suit by filing a written statement denying all material allegations raised in the plaint. Subsequently, the plaintiff filed an application for amendment of the plaint contending that the plot number of the property in suit has been wrongly described as 98/326 instead of 98 of 328. The boundary of the property has also been mentioned in the application for amendment of the plaint. That application was allowed. The issues were framed. Parties adduced evidence.

Thereafter, the learned Trial Judge has dismissed the said suit. Being aggrieved, the plaintiff preferred