JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Present application under Article 227 of the Constitution of India has been directed against the order dated 18.01.2018 passed by Additional. District Judge, Fast Track,1st Court, Alipore, South 24 Parganas, in Ejectment Appeal No. 28 of 2015 arising out of Title Suit No. 215 of 2004. Petitioners contended that petitioners’ predecessor as plaintiff filed a suit for eviction against the defendant/opposite party on the ground of reasonable requirement and also on other grounds. The defendant/opposite party entered appearance in the said suit and denied all material allegations made in the plaint by filing written statement. However subsequently the defendant chose not to appear and contest the said suit. Ultimately by an order dated 22.04.2015 the said ejectment suit was dismissed ex-parte wherein learned trial court did not accept the plaintiffs ground for eviction including the ground of reasonable requirement.

2. Being aggrieved by that order of dismissal the plaintiffs/ petitioners herein preferred aforesaid Ejectment Appeal no. 28 of 2015. During the pendency of the said appeal petitioners made an application for amendment of the plaint to inc