SIDDHARTHA CHATTOPADHYAY, J. - (1.) By filing this revisional application under Article 227 of the Constitution of India, the petitioner/plaintiff wants to assail the Order No. 83 dated 24.08.2015 mainly on the ground that the learned Court below had exercised its jurisdiction illegally and with material irregularity by not appreciating the factual aspects of this case in its proper perspectives. According to him, unless and until he was allowed to deposit the cost of amendment, the proposed amendment would be rejected and he would suffer irreparable loss and injury. According to him, the learned Court below initially had given a chance to deposit the said cost but thereafter it has been withdrawn by the same Court suo-motu.
(2.) Learned Counsel appearing on behalf of the opposite party has contended that such submission of the plaintiff/petitioner is a sugar coated one but actually bitter materials are kept in the sugar coated capsule. He further submitted that the amendment application of the present petitioner was disallowed by the learned Court below and against the said order of amendment he had filed revisional application bearing C.O. No. 3896 of 2008. While disposing of the said application, a Co-ordinate Bench of this Court has allowed the application under certain conditions. The condition as given by the Coordinate Bench is such that the plaintiff would be permitted to carry out such amendment within a period of two weeks from date and serve a copy of such amended plaint upon the opposite parties. It would be open for the opposite parties to file any additional pleading if so advised. In the event, the plaintiff proposed to lead any evidence, consequent upon such amendment to the plaint, it should restrict to such amended portion and the plaintiff should not be permitted to canvass any other point under the garb of such amendment since the examination in chief of the plaintiff has already been concluded.
(3.) The defendants would be permitted to further cross-examine the plaintiff on the basis of the amended plaint. Since there are some delay in taking out the said application for amendment, the defendants are required to be compensated by costs. The plaintiff would pay a cost of Rs. 2,000/- to the defendants as a condition precedent for carrying out such amendments. Such costs is to paid within a period of two weeks from date. In the event such cost is not paid, the plaintiff would not be permitted to amend the said plaint and the trial would proceed without such amendment.;