P. Mandal, J. - (1.) This application is at the instance of the Plaintiffs and is directed against the Order No. 53 dated February 9, 2009 passed by the learned Civil Judge (Junior Division), Kalna in Title Suit No. 266 of 1999 thereby rejecting an application for amendment of the plaint.
(2.) The Plaintiffs instituted a suit being Title Suit No. 266 of 1999 praying for a decree for declaration of 16 annas title of the Plaintiffs in the suit property, decree for permanent injunction and other reliefs. The suit property has been described in two schedules as Schedule 'A' and Schedule 'B'. Schedule 'B' is the part of Schedule 'A' with respect to the plot No. 65. The Defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint and the said suit is at the stage of discovery, inspection, etc. At that stage, the Plaintiffs filed an application for amendment of the plaint dated May 8, 2003 and the Defendants are contesting the said application for amendment of the plaint. That application was rejected on contest. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the learned Trial Judge has justified in rejecting the application for amendment of the plaint.;