PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of the plaintiff and is directed against the Order No.25 dated November 21, 2012 passed by the learned Civil Judge (Junior Division), 1st Court, Baruipur in Title Suit No.34 of 2011 thereby rejecting an application for amendment of the plaint.
(2.) THE plaintiff/petitioner herein instituted the aforesaid suit against the defendants before the learned Trial Judge for a decree of declaration of plaintiff's title in respect of the "A" Schedule property, a decree of recovery of khas possession in respect of Schedule "C" property against the defendants by evicting the defendants therefrom, a decree for permanent injunction restraining the defendants from disturbing the peaceful possession of the plaintiff over the Schedule "A" property and other consequential reliefs. The defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint. Issues are to be framed in the suit on the basis of the pleadings of the parties. At that juncture, the plaintiff filed an application for amendment of the plaint, copy of which has been annexed as Annexure P -3 at page no.40 of the application. That application has been rejected by the impugned order. Being aggrieved, this application has been preferred.
(3.) NOW , the question is whether the impugned order should be sustained.;