PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of the defendant and is directed against the Order No.129 dated August 6, 2009 passed by the learned Judge, Presidency Small Causes Court, 2nd Bench, Calcutta in Ejectment Suit No.1283 of 2000 thereby allowing an application for amendment of the plaint with costs.
(2.) THE plaintiffs/opposite parties herein instituted a suit being Ejectment Suit No.133 of 1996 against the defendant/petitioner herein for ejectment on the ground of reasonable requirement before the learned City Civil Court, Calcutta and the said suit was transferred to the Presidency Small Causes Court and re-numbered as Ejectment Suit No.1283 of 2000. The defendant is contesting the said suit denying the material allegations contained the plaint. The plaintiffs have adduced evidence in support of the plaint case and the P.W.s were cross-examined in details. Thereafter, on August 31, 2006, the plaintiffs/opposite parties herein filed an application for amendment of the plaint contending, inter alia, that the facts mentioned in the application are subsequent events and so, these facts are to be incorporated in the plaint. That application was allowed on contests with costs. Being aggrieved, this application has been preferred.
(3.) NOW , the point for consideration is whether the impugned order should be sustained.;