- (1.) In this application under Article 227 of the Constitution of India challenge is thrown to the order impugned No. 13 dated 15th June, 2013 in Title Suit No. 104 of 2012, passed by the learned 2nd Civil Court (Junior Division) at Serampore, imposing cost of Rs. 1,000/- on the petitioner while allowing an application filed by him for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure. Sri Ayanava Bhattacharyya, learned Advocate appearing for the petitioner submits that his client is the plaintiff in Title Suit No. 104 of 2012. The said suit was instituted for declaration and permanent injunction.
(2.) Drawing the attention of this Court to the plaint in Title Suit No. 104 of 2012, Sri Bhattacharyya submits that at paragraph 1, it is pleaded as follows: "1. The subject matter of the suit is on ejmal passage. It is recorded in the R.S. Khatian No. 1145/1 (L.R. Khatian No. 1297/1) of Mouza-Serampore, J.L.: No. 13, R.S. Dag No. 8640/8983 (L.R. Dag No. 8658), measuring 0.001 acre (1 Chittak or 45 Sq. Ft.) within Serampore Police Station and in the district of Hooghly. It is curved out from principal Dag No. 8640 of which the Plaintiff is the owner/Administrator vide a Probate/Letters of Administration granted by the Learned Additional District Judge, 1st Court, Hooghly at Chinsurah in Probate Suit No. 8 of 1989, which was confirmed by the Hon'ble High Court in F.A. No. 297 of 2002, Description of the suit property is given in the schedule below."
(3.) Sri Bhattacharyya further submits that in the written statement filed on behalf of the present opposite parties/defendants, the right, title and interest over the suit property was disputed. Accordingly, since the present petitioner as plaintiff had already pleaded at paragraph 1 of his plaint that he is the owner/administrator of the suit property which has been carved out from the principal R.S. Dag No. 8640, it became necessary for the plaintiff to contest the objection raised in the written statement by filing an application under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint.;