ARIJIT BANERJEE, J.

1. The petitioner is the defendant No.2 in Other Suit No.10 of 2010 pending before the Ld. Judge, Senior Division, 2nd Court at Midnapur. In the instant revisional application the petitioner has challenged an order dated 3rd June, 2013 passed by the Ld. Trial Court allowing the amendment of the plaint prayed for by the opposite party No.1/plaintiff.

2. The plaintiff instituted Other Suit No.483 of 2008 before the Ld. Trial Court claiming a decree of specific performance of an agreement for sale of the suit property against the defendant No.1, delivery of possession of the suit property and alternatively return of the plaintiff’s money. Prior to institution of the suit the defendant No.2 purchased the suit property from the defendant No.1 and the deed of conveyance in favour of the defendant No.2 was duly registered on 25th March, 2008. This was within the knowledge of the plaintiff as would appear from paragraph 15 of the plaint wherein the factum of sale of the suit property by the defendant No.1 to the defendant No.2 has been stated. However, the plaintiff did not claim any relief for nullification of such sale in favour of the defendant No.2. The suit