Mr. Partha Pratim Roy Mr. Sounak Mandal …for the petitioner Mr. Nirmalya Das Gupta Ms. Krishna Mullick ….for the opposite parties This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being No.50 dated June 11, 2025 passed by the learned Additional District Judge, 16th Court at Alipore, District-South 24-Parganas in Title Appeal No.408 of 2016.

By the order impugned, the application under Order 6 Rule 17 of the Code of Civil Procedure filed by the defendant/petitioner herein for amendment of written statement stood rejected.

Mr. Roy, learned advocate appearing for the petitioner submits that the facts which the petitioner sought to incorporate by way of amendment came to the knowledge of the petitioner during the pendency of the title appeal and such, being a subsequent event, the proviso under Order 6 Rule 17 of the Code of Civil Procedure cannot be an embargo in allowing such amendment. Mr. Roy further submits that the instant suit is a suit based on title and for such reason the subsequent suit for specific performance of contract has a direct bearing on the title of the opposite parties in the inst