JUDGMENT :

(Subhasis Dasgupta, J.) :

1. The subject matter of challenge is against the order dated 11th April, 2019 passed by the learned Judge, IVth Bench, Presidency Small Causes Court at Calcutta in Ejectment Suit No. 281 of 2017, allowing amendment of written statement of defendant.

2. Mr. Krishna Das Podder, learned advocate representing the petitioner/plaintiff, submitted that learned court below had erroneously allowed the prayer for amendment of the written statement, without truly appreciating the schedule of amendment proposing amendment of written statement as many as three (3) counts, and by reason of such amendment of the written statement being allowed, plaintiff had been irretrievably prejudiced by denying him the opportunity of extracting the admission from the defendant. More so, the proposed amendment of written statement pertaining to serial no. 1 of schedule of amendment, according to Mr. Podder, would seek to displace the plaintiff completely from his case.

3. Reliance was placed by the learned advocate for the petitioner on a decision reported in AIR 1977 SC 680 delivered in the case of M/s. Modi Spinning & Weaving Mills Co. Ltd. and Anr. Vs. M/s. Ladha Ram & C