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2023 Supreme(Cal) 923

BIVAS PATTANAYAK
Tufan Basak – Appellant
Versus
Tumpa Basak – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Asit Baran Raut, Ishita Raut, Tuhin Subhra Raut, Atul Basak.
For the Respondents: Debdipto Banerjee, Soumen Banerjee.

JUDGMENT :

BIVAS PATTANAYAK, J.

1. This revisional application has been filed under Article 227 of the Constitution of India challenging Order dated 14th June, 2022 passed by learned Civil Judge (Junior Division), 1st Court, at Bidhannagar, North 24 Parganas in Title Suit No. 145 of 2005 allowing the application of the defendants-opposite parties for amendment of written statement.

2. The brief fact of the case is that the petitioner-plaintiff filed a suit for a decree of declaration and for recovery of khas Possession against the defendants-opposite parties being Title Suit No. 145 of 2005. In the said suit, the defendant-opposite party no. 1 entered appearance and filed her written statement on 11.05.2006. Thereafter issues were framed in the suit and plaintiff-petitioner filed his examination-in-chief on affidavit and was cross-examined by defendant-opposite party no. 1. At the stage of cross-examination of plaintiff-petitioner, the defendant-opposite party no. 1 filed application for amendment of written statement along with a prayer for counter-claim. The learned Trial Judge, upon considering the materials on record, allowed the application of defendant-opposite party no. 1 for a

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