JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated January 18, 2024, passed by the learned Civil Judge, (Junior Division), Haldia, Purba Medinipur, in J. Misc. (Preemption) Case No.24 of 2020.

2. By the order impugned, the learned court rejected an application for amendment of the pre-emption application on the ground that such amendment would change the nature and character of the proceeding. The court was only deciding a pre-emption case and could not decide title. By the amendment, the petitioner was introducing a controversy with regard to the title of the vendor, in respect of the property sold to the opposite party/pre-emptee.

3. Mr. Asish Chandra Bagchi, learned Advocate appearing on behalf of the pre-emptor/petitioner submitted that an application for pre-emption was nothing but a suit. The civil court adjudicating the pre-emption case was the Civil Judge (Junior Division), Haldia, Purba Medinipur. Thus, the question of title could also be decided in the pre-emption proceeding by the said judge who also had the jurisdiction to decide a title suit.

4. Reliance was placed on the decision of Minor Subir Ranjan Mondal vs. Sita Nath Mukherjee, rep