P. Mandal, J. - (1.) This application is at the instance of the plaintiff and is directed against the order No. 60 dated January 20, 2005 passed by the learned Civil Judge (Senior Division), First Court, Contai in Title Suit No. 156 of 2000 thereby allowing a petition for amendment of the written statement upon payment of costs.
(2.) The short fact of the case is that the plaintiff filed the Title Suit No. 156 of 2000 praying for a preliminary decree for partition and other reliefs in respect of the 'kha' schedule property as described in the schedule of the plaint. In that suit, the defendants appeared and they filed a written statement. The suit was at the stage of recording evidence. Accordingly, the plaintiff filed evidence by way of affidavit under Order 18 Rule 4 of the Code of Civil Procedure on January 20, 2005. On that very day, the defendant Nos. 5 to 7 filed a petition for amendment of their written statement on the grounds mentioned therein. Accordingly, that application was taken up first for consideration. It was heard on behalf of the both the sides. The learned Trial Judge has observed that the proposed amendment was necessary for the purpose of effective adjudication of the suit and that the proposed amendment if allowed will not cause the change of the nature and character of the suit. Accordingly, that application was allowed on payment of costs of Rs. 200/ - and the learned Trial Judge also fixed the next date for peremptory hearing and payment of costs. Being aggrieved by such orders, the plaintiff has come up with this application.
(3.) Now the point for consideration is whether the impugned order can be sustained.;