Narayan Chandra Sil, J. - (1.) This appeal is directed against the judgment and decree dated 24.9.1992 passed by Sri P.K. Das, the learned Assistant District Judge, Baruipore, 24-Parganas(South) in Title Appeal No. 61 of 1990 setting aside the judgment and decree passed by Smt. Mita Basu Roy, the learned Munsif, 2nd Court, Baruipore, 24-Parganas (South) in Title Suit No. 51 of 1975.
(2.) It is stated in the memo. of appeal that the learned Assistant District Judge erred in law in setting aside the judgment of the learned Munsif in allowing the application for withdrawal of the appeal as well as the original suit without controverting the findings of the lower Court and without considering the evidence on records. It is pointed out in the memo. of appeal that the learned Munsif by order No. 27 dated 6.6.1977 rejected the petition for Amendment of the plaint and on 8.3.1977 the said order was challenged by the plaintiff before this High Court and the High Court by its order dated 8.6.1989 had discharged the Rule issued in connection with Civil Rule No. 2622 of 1977 with the following observations:- "The learned Munsif considering the original pleadings and subsequent Amendments has rightly considered that by praying for such amendment the plaintiff wanted to change the nature and character of the suit inasmuch as if the amendment is allowed it will deprive the defendant a legal right in which he has accrued by lapse of time."
(3.) The substantial questions of law formulated for determination in the instant appeal are as follows:- 1. Whether the defendant had accrued any right and interest by virtue of the judgment and decree passed by the trial Court, and 2. Whether the lower appellate Court had committed any error in law in allowing the petition for withdrawal of the appeal and the suit as well. ;