N.C.Sil, J. - (1.) This revisional application under Article 227 of the Constitution of India is directed against the order impugned No. 85 dated 3.11.2003 passed by Sri S. Mukherjee, learned Civil Judge (Senior Division), Additional Court, Burdwan in connection with Title Suit No. 90 of 1999 (273 of 1998).
(2.) It appears from the order impugned that one application under Order 6 Rule 17 of the Code of Civil Procedure filed for amendment of the plaint on 22.3.2002. The learned Trial Judge was pleased to reject the said amendment petition. In dealing with the matter the learned Trial Judge found that the petitioner had filed the application for amendment of the plaint in view of the order passed by the Hon'ble Apex Court on 3.9.2001. He has referred to an order of the Apex Court appearing at page No. 78, 79 and 80 of the petition and came to the conclusion that the prayers made in the petition for amendment of the plaint are in violation of the decision of the Hon'ble Apex Court. I may quote the relevant portion of the finding of the learned Trial Judge in this regard which runs as below : "After the above mentioned Judgment of the Hon'ble Apex Court dated 3.9.2001 it is of my view that the instant amendment petition so filed will surely create a new case which have already been decided by the Hon'ble Apex Court cannot be decided by this Court by way of amendment. At last I am of the view that in view of the Judgement of the Hon'ble Apex Court dated 3.9.2001 I have no other alternative but to reject the instant amendment petition dated 22.3.02 on contest but without cost, keeping in mind the non filing of W.S. by the defdt./State, it is of my view that after the aforesaid Judgement of the Hon'ble Apex Court the suit is required to be heard on the point of maintainability".
(3.) I am really dismayed at the treatment of the amendment application by the learned Trial Judge. He has ignored the basic tenets of writing the order in this regard. There is absolutely nothing in his order as to what was stated by the Hon'ble Apex Court in its Judgment or what was the plaint case and what are the amendments sought for and ultimately how the prayers in the amendment application are in violation of the decision of the Hon'ble Apex Court.;