- (1.) After being unsuccessful in the suit before the learned Trial Judge, the plaintiffs/opposite parties filed an appeal before the learned Civil Judge (Senior Division) at Ghatal. The said appeal was registered as Title Appeal No. 3 of 2009.
(2.) An application for amendment of plaint was filed by the plaintiffs/ appellants therein in the said appeal. The defendants/petitioners invited the learned Appeal Court to consider the plaintiffs' application for amendment of plaint along with the appeal. The learned Appeal Court rejected such prayer of the petitioners. The learned Appeal Court, in fact, proposes to consider the plaintiffs' application for amendment of plaint before posting the appeal for hearing.
(3.) Hence, the defendants/petitioners are aggrieved by the said order. As such, they have come before this Court with this application under Article 227 of the Constitution of India. Heard the learned Advocates appearing for the parties. Considered the materials on record including the impugned order.;