Asit Kumar Bisi, J. - (1.) The instant revision application under Section 115 of the Civil Procedure Code preferred by the petitioner/defendants is directed against Order No. 16 dated 3.12.96 passed by Mir Hasmat Ali the learned Munsif now designated as Civil Judge (Junior Division), Ghatal District Midnapore in Title Suit No. 47 of 1996. By the order impugned the learned Court below allowed the amendment of the plaint sought by the plaintiff subject to payment of cost of Rs. 100/- to the contesting defendants.
(2.) In the original plaint the plaintiff presently O.P.No. l .prayed for decree for declaration of title to the suit property mentioned in schedule ka to the plaint, for declaration that the suit property mentioned in schedule kha to the plaint was purchased out of joint family fund of Anil Pal and his brothers and for other reliefs.
(3.) It had been pleaded inter alia in para 4 of the plaint that Kha schedule property belonged to Pashupati Pal and Basudeb Pal who remained in possession thereof for more than 50 years, While possessing the same, Pashupati Pal died leaving no widow, sons and daughters and his share devolved upon Basudeb Pal. It had been further averred that while the said Pashupati Pal was in possession of kha schedule property, the plaintiff and his three brothers purchased the same from him by the kobala dated 32nd Jaistha, 1361 B.S. and at that time the plaintiff Shyamal Pal and his brothers Kamal Pal and Anil Pal lived in joint family and the said property was purchased out of their joint family fund. Further case of the plaintiff as pleaded in para 4 of the plaint is that in the sale deed only the name of the eldest brother Anil Pal had been mentioned as purchaser while in fact on the basis of the said sale deed Kamal Pal, Anil Pal, Shyamal Pal and Sunil Pal got the kha schedule property in equal share. By the proposed amendment the plaintiff wanted to delete the aforesaid avernents made in para 4 of the plaint and in place thereof the averments which the plaintiff wanted to insert are that Pashupati Pal and Basudeb Pal acquired kha schedule property in equal share and Pashupati proposed to sell his 8 annas share to his brother Basudeb Pal and Basudeb Pal paid the amount of consideration and cost of the deed to his eldest son Anil Pal for preparation of the sale deed in the name of Basudeb Pal and that Anil Pal in collusion with Pashupati Pal managed to prepare the sale deed in his own name. Further averments which the plaintiff wanted to introduce by way of amendment are that Basudeb Pal became the sole owner of the kha schedule property and after his demise the said property was inherited by his four sons and two daughters. Furthermore the plaintiff wanted to introduce a new case in the plaint by way of proposed amendment to the effect that Anil Pal acquired no title on the basis of the alleged sale deed. The plaintiff wanted to alter prayer kha of the plaint seeking declaration by way of proposed amendment to the effect that Anil Pal acquired to title over the suit property on the basis of the sale deed dated 32nd Jaistha, 1361 B.S.;