- (1.) In this application under Article 227 of the Constitution of India the order dated 3rd June, 2013 passed by the Ld. 9th Senior Civil Court at Alipore in Title Suit No. 1091 of 2010 is under challenge. By the order impugned dated 3rd June, 2013 the Ld. 9th Civil Court was pleased to consider and reject an application of the plaintiffspresent petitioners for amendment of the plaint in Title Suit No. 1091 of 2010. The Ld. Trial Court came to the finding that any claim to amendment is required to be assessed on the guidelines formulated by the Hon'ble Apex Court in Revajeetu Builders & Developers vs. Narayana Swami & Sons, 2009 10 SCC 84.
(2.) After outlining the six guiding principles to be taken note of while considering a claim to amendment as laid down In Re: Revajeetu Builders , the Ld. 9th Civil Court noticed that the plaintiffs have challenged three documents namely, the Deed of Trust executed in the year 1950, the Deed of Gift in the year 1957 and the Deed of Settlement in the year 1958 to be forged and manufactured documents.
(3.) The Ld. 9th Civil Court thereafter held that these documents are ancient documents being nearly 50 years of age and neither the possession nor the registration of the documents in accordance with law by the predecessors in interest of the parties is denied. The late Nani Gopal Roy was the son of late Bhusan Chandra Roy, the latter being also the common father of both Nani Gopal Roy and some of the present defendants as well as their common predecessor-in-interest.;