JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated March 02, 2024, passed by the learned Civil Judge, (Senior Division), 1st Court, Contai, Purba Medinipur, in Title Suit No.228 of 2009. By the order impugned, the learned court rejected an application under Order 6 Rule 17 of the Code of Civil Procedure, filed by the petitioners for amendment of the written statement.

2. The learned court found that the application for amendment could not be allowed as the petitioner sought to incorporate certain new facts and also prayed for incorporating of the names of certain persons, claiming them to be necessary parties in the suit. The court held that if the amendment was allowed, it would change the nature and character of the suit and also violate the order of the high court passed in FA 228 of 2015.

3. Mr. Dash, learned Advocate submitted that the Hon’ble Division Bench of High Court while disposing of FA 228 of 2015, allowed the said appeal along with an application under Order 41 Rule 27 of the Code of Civil Procedure. The Hon’ble Division Bench had come to a specific finding that the documents sought to be relied upon by way of additional evidence, were