- (1.) The petitioners have challenged the impugned order dated 16.7.2010 passed by the Learned Civil Judge (Junior Division) 7th Court at Howrah in Title Suit No. 113 of 2008.
(2.) The petitioners have filed a suit, inter alia, praying for declaration of title and permanent injunction against the opposite parties. During the pendency of the suit, the opposite parties entered appearance and filed their written statement. Thereafter, by order dated 12.11.2009 issues were framed and date was fixed for documents inspection and peremptory hearing. However, it appears that no date has been fixed in case for filing of affidavit-evidence under Order 18, Rule 4 of the Code of Civil Procedure. At this juncture, the petitioners filed an application of amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure read with Section 151 thereof.
(3.) The contentions of the petitioners in the said amendment application were to correct a typographical error and also to make certain additions in the body of the plaint with regard to certain facts relating to the cause of action already pleaded in the plaint. The said application was objected to the opposite parties. Upon hearing the parties, the learned trial Judge by the impugned order rejected such prayer for amendment on the ground that permitting the same would change the nature and character of the suit. ;