HARISH TANDON, J.:

1. This revisional application is directed against order dated 20th November, 2008 passed by learned Civil Judge (Sr. Division), Alipore in Title Suit No. 62 of 1998 by which an application for amendment of the plaint filed by the opposite party No. 2 is allowed.

2. In a suit for partition and accounts instituted by the opposite party No.1 against the petitioner, opposite party No. 2 and one Hari Narayan Ghosh (since deceased). On the death of the said Hari Narayan Ghosh, his name was struck off and the opposite party No. 2 was transposed to the category of plaintiff No. 3.

3. It is a specific case of the petitioner that the said Hari Narayan Ghosh (since deceased) in his written statement specifically contended that he has gifted his share in respect of the suit property to the petitioner by executing a deed of gift. Upon the death of the said Hari Narayan Ghosh and after his name is deleted, the petitioner filed an additional written statement by taking the same defence as was taken by the said deceased which was eventually allowed.

4. Subsequently the opposite party No. 2 filed an application for amendment of the plaint by incorporating the necessary a