JUDGMENT :

BISWAROOP CHOWDHURY, J.

1. The petitioner before this Court is a tenant/defendant in a suit for eviction and is aggrieved by the Order dated 09/02/2023 passed by the Learned Civil Judge (Junior Division) 1st Court at Howrah in Title Suit No. 144 of 2010 in allowing prayer of plaintiff/Landlord for amendment of plaint.

2. The case of the petitioner/defendant may be summed up thus:

(1) One Amit Kumar Chamaria and Ashok Kumar Jalan being plaintiffs have filed a suit for recovery of possession and mesne profit being Title Suit No. 144 of 2010 against the petitioner herein in the Court of the Learned 1st Civil Judge (Junior Division) Court at Howrah. Subsequently during pendency of the said suit the said plaintiffs have transferred the suit property in favour of the present opposite party and thereafter the present opposite party was substituted as sole plaintiff in the said suit for recovery of Khas Possession in place of the said original plaintiffs. The said suit was filed only on the ground of default of rent.

(2) The petitioner is contesting the said suit by filing its written statement.

(3) The plaint of the said suit was amended in the year 2019, upon allowing of an applicat