- (1.) The present petitioners who are the plaintiffs before the Learned 5th Bench of Small Causes Court at Calcutta in Ejectment Suit No. 102 of 2003 has assailed the order No. 59 dated 27th September, 2013 as passed by the Presiding Officer of that Bench invoking the jurisdiction of this Court under Article 227 of the Constitution of India.
(2.) Heard the learned advocates appearing on behalf of the parties.
(3.) Perused the application giving rise to the present Civil Revisional application, the copy of the plaint which is annexure P1 (at page 15), perused the impugned order and also the application filed under Order 6 Rule 17 of the Civil Procedure Code, marked as P2 ( at page 24 schedule at page 27). Perused also the order impugned dated 27.9.2013. The crux of the order is stated below : "From the record, it appears that the evidence of P.W. 1 has already been completed and P.W. 1 has been cross examined in full. Now, if the present amendment petition is allowed, then it would fulfill the lacunae of the plaintiff and the defendants will be prejudiced and shall be deprived from their rights already accrued. Thus, in view of the above discussion, the amendment petition dated 08.05.2013 filed by the plaintiff is rejected on contest.";