JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The present application under Article 227 of the Constitution of India arises from a suit for eviction under the West Bengal Premises Tenancy Act, 1997, filed inter alia on the ground of reasonable requirement. The defendant in the said suit has challenged an order of amendment of the plaint taken out by the substituted and transposed plaintiffs.

2. The eviction suit was initially filed by one Smt. Surma Devi Pasari on the ground of personal requirement of the plaintiff as well as her daughter-in–law, the original proforma defendant Savitri Devi Pasari as well as their family.

3. Subsequently, both the original plaintiff and proforma defendant No. 2 expired during pendency of the suit.

4. Savitri Devi Pasari, prior to her demise, had executed a Will in favour of the opposite party Nos. 1 to 3. The executor of the said Will obtained probate of the said will dated October 26, 2009 on October 8, 2013. The executor, thereafter, executed a registered deed of assignment in favour of the legatees, that is, opposite party Nos. 1 to 3.

5. The opposite party Nos. 1 to 3 took out an application for being substituted in place of proforma defendant No. 2 and