Alok Kumar Basu, J. - (1.) - Both sides are present and heard.
(2.) The opposite party has filed affidavit-in-opposition and the petitioner has filed reply. Both be kept with the record.
(3.) This is an application filed under Section 115 of the C.P. Code challenging the order No. 35 dated 22nd February, 1999 passed by the Civil Judge (Senior Division), Baruipur in T.S. No. 112/1995 whereby a prayer for amendment of the plaint was allowed by the learned Court below. The defendant petitioner being aggrieved by the impugned order contends that the proposed amendment has been allowed in contravention of the established legal principle and that apart, the proposed amendment was made at a much belated stage when evidence of the parties was in progress.;