Prasenjit Mandal, J. - (1.) CHALLENGE is to the Order No.26 dated January 5, 2010 passed by the learned Civil Judge (Senior Division), Bishnupur, District Bankura in Title Suit No.29 of 2007 thereby allowing an application for amendment of the plaint on contest.
(2.) THE short fact is that the plaintiff / opposite party herein instituted a suit being Title Suit No.29 of 2007 against the defendants before the learned Civil Judge (Senior Division), Bishnupur for partition, injunction and other reliefs. THE defendant no.1 is contesting the said suit by filing a written statement denying the material allegations raised in the plaint. The said suit was at the stage of peremptory hearing. At that time, the plaintiff filed an application for amendment of the plaint to which the contesting defendant raised objection. Upon hearing both the sides, the learned Trial Judge has allowed the application for amendment of the plaint. Being aggrieved, the defendant has preferred this revisional application. Now, the question is whether the impugned order should be sustained. Upon hearing the learned counsel for the parties and on going through the materials on record, I find that the learned Trial Judge has rightly observed that in a suit for partition, every parties to the suit may be described as plaintiff as well as the defendant meaning thereby both the parties are equally interested in the suit for partition. The plaintiff has claimed the suit for declaration of his right to the extent of 8 annas share in the suit properties as described in the plaint on the contention that his sisters had relinquished their shares in favour of the plaintiff and as such, the plaintiff got the share of the sisters.
(3.) BUT when the summons was issued upon the sisters, they entered an appearance and they contended that they did not make any relinquishment in respect of their shares in the suit properties. It may be pointed out that it is not the case of the plaintiff that the relinquishment of the right, title and interest of the sisters had been done by any registered instrument but orally according to the contention of the plaintiff. BUT when the sisters began to contest the suit and they claimed their right, title and interest in the properties in suit, the plaintiff sought for amendment claiming 1/4th share in the suit properties. It may be mentioned herein that there are many lands involved in the suit. A copy of the application for amendment has been incorporated as Annexure A to the application at page no.10. By way of amendment, the plaintiff has not only wanted to cause the change of the nature of his claim in the suit properties. But, he has almost prayed for amendment of all the paragraphs of the plaint contending that he has 1/4th share in the suit properties. He has also stated that the plaintiff and the defendants recorded their names and they have been possessing their respective shares separately according to their convenience. He has also stated in the application for amendment that the proforma defendants, that is, defendant nos.2 to 8 have also share in the suit properties. Thus, by way of amendment, the plaintiff has intended to incorporate reduction of his share from 1/2 share to 1/4th share over the suit properties.;