Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.

JUDGMENT :

(Biswaroop Chowdhury, J.)

1. The petitioner before this court is a plaintiff in a suit for partition and is aggrieved by the order dated 24-02-2023 passed by Learned Civil Judge (Senior Division) at Serampore Hooghly in Title Suit No 176 of 2021, in rejecting the prayer of the petitioner/ plaintiff for amendment.

2. The case of the petitioner before Trial Court in the petition for amendment may be summed up thus:

1. The plaintiff/petitioner filed the suit for partition against the defendants/ opposite parties.

2. Although in the plaint it is mentioned that the property originally belonged to Randhir Singh who obtained the same by way of mutual family partition and on the strength of the said mutual family partition and on the strength of the said mutual family partition became the sole and absolute owner of the property and on the demise of Randhir Singh his sons and married daughter became the joint owner of the property as 1/9 share of each.

3. The father of Randhir Singh namely Hari Kishun Singh who was the original owner of the suit and other properties during life time made and executed family settlement on 20/03/1979 by enclosing the plan with the said family settlement and by the said family settlement as well as mutual family partition said Randhir Singh became the absolute owner of the property situated at 8 No Jodhan Singh Road Rishra Hooghly since obtained the aforesaid property by exercising right title and ownership by paying municipal taxes in his name to the Competent authority of Rishra Municipality got the Building plan sanctioned in respect of the property. Upon obtaining sanctioned plan the said Randhir Singh constructed the structure over the property as per building plan.

4. After demise of Randhir Singh his sons and daughter inherited the property situated at 8 No Jodhan Singh Road Rishra Hooghly.

5. It is also a relevant fact that after giving respect towards the amicable family settlement executed by Hari Kishun Singh and family partition executed by and between the heirs of Hari Kishun Singh before the Municipal Authority the heirs of Hari Kishun Singh mutated their names those who were allotted separate holding No as 8 No Jodhan Singh Road- Randhir Singh 51/2 Gandhi Sarat, Om Prakash 51 Gandhi Sarat, Sachidananda Singh and holding No 8 Jodhan Singh road which is allotted in favour of Randhir Singh exclusively.

6. On the demise of Randhir Singh namely Jai Prakash Singh who is now posted as Additional District Judge at Malda chanchol in collusion with the local municipality without partition and without consent of other co-sharer sub-divided the holding no 8 Jodhan Singh road as municipal holding no 8/4 Jodhan Singh road Sri Lalan Singh, municipal holding no 8/11, Jodhan Singh road Sri Dipak Narayan Singh Municipal holding no 8/2 Jodhan Singh road- Sri Jairam Singh and municipal holding no-8/3 Jodhan Singh road Sri Surya Deo Singh in the municipal assessment record only but there is no physical partition at all.

3. The defendants/ opposite parties filed written objection to the petition for amendment filed by petitioner/ plaintiff

4. Learned Trial court by order dated 24/02/2023 was pleased to dispose the petition for amendment by observing and directing as follows:

5. Perused the case record and materials on it, wherefrom it appears to me that plaintiff by this proposed amendment petition is intending to incorporate the genesis of devolution of the property by the father of parties to the suit.

6. It also appears to me that plaintiff by this proposed amendment petition is also intending to incorporate the allegation to the effect that the pro defendant managed to mutate the holding number in their favour.

7. Considering the submission of Ld. Lawyer of the parties, the suit in course of hearing, I have perused the case record and materials on it, wherefrom it appears to me that plaintiff by this proposed amendment petition is intending to incorporate the source of devolution of property by way of partiti