JUDGMENT :

Heard Mr. D. Das, the learned senior counsel assisted by Mr. G. Goswami, the learned counsel for the petitioner and Mr. S. K. Singh, the learned senior counsel assisted by Mr. B. Pushilal, the learned counsel for the respondent.

2. This application under Article 227 of the Constitution of India challenged the order dated 17.03.2022 passed by the Court of the District Judge, Sonitpur, Tezpur in T.S.(P) No. 43/2010 whereby the petition being petition No. 484/2021 dated 01.03.2021 filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 ( for short, CPC) for amendment of the written statement was rejected imposing cost upon the petitioner.

3. The brief facts of the instant case are that the respondent herein had filed an application before the District Judge, Sonitpur, Tezpur under Section 276 of the Indian Succession Act, 1925 seeking probate of the WILL of late Dr. Soumendra Mohan Mukherjee dated 18.11.2006. The said application was registered and numbered as Misc. (P) Case No.36/2010. In the said application, the petitioner herein was impleaded as the sole respondent. The petitioner herein challenged the said WILL for which the Misc.(P) Case No. 36/2010 was convert