RAJESH SHANKAR
Basudeo Roy, son of Mahabir Kurmi – Appellant
Versus
Dinesh Chandra Ray – Respondent
Heard learned counsels for the parties.
2. The present writ petition has been filed for quashing the order dated 10th January, 2007, whereby the petitioner's prayer for amending the written statement has been rejected primarily on the ground that the same has been filed belatedly. It has further been prayed, inter alia, for issuance of a direction upon learned Sub Judge-III, Rajmahal in Title Suit No.24 of 1996 to allow the amendment in the written statement sought by the petitioner by filing an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure (for short CPC).
3. The factual matrix of the case as appears from the writ petition is that the original Respondent-Dinesh Chandra Ray filed a title suit, being Title Suit No.24 of 1996, for declaration of his right, title and possession in the property, described in Schedule-A of the plaint and also for delivery of possession. The petitioner being the defendant in the suit appeared and filed written statement. Thereafter, the suit proceeded and the evidences on behalf of the parties were also adduced. The suit was, thereafter, fixed for hearing and at that stage an application under Order VI Rule
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