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2020 Supreme(Cal) 257

MANOJIT MANDAL
Mina Mondal – Appellant
Versus
Basudeb Naskar – Respondent


Advocates Appeared:
Sarbananda Sanyal, Advocate, T. Mukherjee, Advocate

JUDGMENT

Manojit Mandal, J. - This application is at the instance of the pre-emptor/petitioner and is directed against the Order No. 68 dated 24.04.2019 passed by the learned Civil Judge (Junior Division), 2nd Court, Baruipur, South 24-Parganas in Miscellaneous Case No. 78 of 2010 thereby rejecting an application for amendment of the petition for pre-emption.

2. The pre-emptor/petitioner herein instituted the aforesaid Miscellaneous Case for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 against the pre-emptee/opposite party. The pre-emptee/opposite party is contesting the said case by filing a written objection denying the material allegations raised in the petition. The case was fixed for hearing argument and on that date an application for amendment of the petition was taken up by the pre-emptor/petitioner which was rejected on contest by the order impugned. Being aggrieved, this application has been preferred.

3. Now, the question is whether the impugned order should be sustained?

4. Upon hearing the learned Advocates of both sides and on perusal of the materials on record, I find that the contention of the pre-emptor is that, at the time of filing of the

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