SOUMEN SEN, J. - (1.) This revisional application is directed against an order dated 5th December, 2015 passed by the learned Civil Judge (Senior Division), 5th Court, Alipore, by which the Trial Court allowed an application under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure.
(2.) In the proposed amendment, the plaintiff has stated that Amal Kumar Moitra was suffering from various ailments and was not in a position to look after the property and ultimately in the year 2013 he died leaving behind the plaintiff as one of the legal heirs. The plaintiff alleged that on August 2013 for the first time the plaintiff came to learn about the fraudulent execution of the Deed of Settlement and about the decree in Title Suit No. 46 of 1964.
(3.) The plaintiff instituted a suit claiming declaration of title in respect of the property and for recovery of possession in respect of the suit property from the defendant no. 3 after evicting them from the suit property. The plaintiff has also claimed a decree for declaration that the alleged Deed of Settlement as well as the Partition Decree no such right, title and interest ever been devolved upon the sons of Bimala Devi Moitra.;