Hrishikesh Banerji, J - (1.) This Revisional Application is directed against the order dated 24-7-1995 passed by the learned Munsif, Addl. Court, Uluberia, in Title Suit No. 110 of 1998 of his file. By the impugned order the learned Munsif rejected the plaintiffs/petitioners' application for amendment of the plaint.
(2.) This suit was filed, inter alia, (i) for declaration that the suit properties were Wakf properties and the plaintiffs were the only Mutwallis entitled to the possession and administration of the said properties and (ii) for permanent injunction. restraining the defendants from entering into the suit properties. After the examination-in-chief and cross-examination of all the witnesses on behalf of both the contesting parties were concluded and the suit was adjourned for hearing arguments, the plaintiffs filed an application for amendment of the plaint on 20th February, 1995. The Schedule of the proposed amendments are as follows:- (a) In the plaint the plaintiff is to be described as Shree Shree Emam Saheb and Shree Shree Bedar Saheb represented by Mutwalli and themselves. (b) In the first sentence of paragraph 2 of the plaint the name Didar Box Khandakar is to be deleted and in that place Abdul Savan Khandakar is to be put and in the same sentence before the word "by a deed" the words "orally long ago and said Abdul Savan Khandakar had been functioning all performance of these Pirs as a Mutwalli of those Pirs and after his demise Didar Box Khandakar became Mutwalli Behan to function all performance of those Pirs and subsequently Didar Box Khandakar during his tenure appointed his son Sadek Ali Khandakar as Mutwalli by a Wakf nama i.e." have to be incorporated in the plaint.
(3.) It is submitted on behalf of the petitioners that the learned Munsif in his order records that the opposite parties lawyer in the Court below submitted that the defendants/opposite parties had no objection to the amendment as sought for in paragraph 1 of the application for amendment.;