JUDGMENT :

Shivakant Prasad, J.

1. In this revisional application petitioner has challenged the order dated June 6, 2017 passed by learned Civil Judge (Senior Division), 4th Court, Alipore, District- 24 Parganas in connection with Title Suit No. 20 of 2009 previously numbered as Title Suit No. 100 of 1994, inter alia, on the grounds that if the order of amendment is allowed to stand with the averments made in Paragraphs 1A, 3A, 3B, 3C and 8A and the properties mentioned in Schedule D, then it would amount to change in the nature and character of the suit; secondly, incorporation of new facts by way of amendment would lead to de novo trial and thirdly, that amendment of plaint was allowed at a belated stage without explanation in delay in filing amendment petition and lastly, that the plaintiff/opposite party No. 1 was aware of probate case filed in the year 2013 but no such fact has been incorporated in the amended plaint dated June 17, 2015.

2. To speak precisely, the opposite party No. 1 as the plaintiff filed a suit for partition by metes and bounds and accounts against the defendants. The defendant No. 1/petitioner herein and defendant No. 7 Savitri Devi Botika, (since deceased) h