Siddhartha Chattopadhyay, J. - (1.) Challenging the order dated 03.08.2015 passed by the learned Civil Judge (Junior Division) 1st Court at Barasat, the plaintiff/petitioner has come before this forum for setting aside the impugned order.
(2.) According to the petitioner, the learned Court below failed to appreciate the point of law that the amendment of plaint can be made at any stage of the proceeding and that mere faming of issue cannot be stated to be commencement of trial. According to him, by filing the amendment of plaint the petitioners wanted to incorporate some plots in the schedule suit property and also wanted to place a sale deed for effective adjudication of the suit. He further contended that the learned Court below failed to appreciate the case in its proper perspectives.
(3.) At the time of hearing, learned Counsel appearing on behalf of the opposite party/defendant has categorically stated that the proposed amendment would change the nature and character of the suit and quite rightly learned Court below had rejected the said application for amendment.;