1. THIS revisional application is directed against Order No. 17 dated 17th February 2010 passed by the Civil Judge, (Senior Division), Sealdah in Title Suit No. 7 of 2009 by which an application for amendment, filed by the defendant/appellant, is rejected.

2. THE plaintiff/opposite party instituted an eviction suit, being Title Suit No. 38 of 1996, on the ground of default and own use and occupation. In paragraph 4 of the plaint, the plaintiff/opposite party categorically asserted that they are the absolute owners of the suit property.

3. IN the written statement, the defendant/ petitioner evasively denied such statement in contending that the plaintiff is not the owner of the property. No where in the written statement it was ever asserted by the defendant/petitioner that apart from him there are other heirs who have inherited the said tenancy. In paragraph 12 of the written statement, it has been categorically stated by the defendant/petitioner that he is still the tenant of the suit property. The parties adduced evidence. No where in the evidence the Court could find out that any case of non-joinder of necessary party is made out. After the suit was decreed, the defendan