- (1.) The challenge is made to the order no. 55 dated 26th February, 2015 passed by the learned Civil Judge (Junior Division), 1st Court, Arambagh, Hooghly in Title Suit No. 42 of 2012, by which an application for amendment of the plaint is allowed on contest, in this revisional application.
(2.) The petitioners challenge the said order on the ground that the amendment application was taken out after the commencement of trial and in view of the embargo created under the proviso to Order 6, Rule 17 of the Code of Civil Procedure, the Trial Court failed to record satisfaction on due diligence.
(3.) The learned advocate for the petitioners submits that the trial commences the moment the Court frames the issue and places reliance upon a judgement of the Supreme Court in case of Vidyabai & Ors. v. Padmalatha & Anr, 2009 AIR(SC) 1433.;