Mir Dara Sheko, J - (1.) The revisional application under Article 227 of the Constitution of India has been directed against Order No.11 dated July 5, 2016 passed by learned Civil Judge (Jr. Division), 2nd Court, Hooghly Sadar in Title Suit No.9978 of 2014.
(2.) Mr Chakraborty appearing for the petitioner submitted that the order impugned allowing the amendment sought for by the opposite parties-defendants in the eviction suit resiling from earlier admission has been illegally allowed by learned trial court which is required to be set aside by allowing the revisional application, so that the eviction suit as filed under the provisions of the Transfer of Property Act may be proceeded with for its disposal in accordance with law.
(3.) Mr Ghosh representing the opposite parties-defendants, per contra, submitted that the proposed amendment was rightly allowed by learned trial court, since the same was clarificatory in nature to the defence as already asserted in para.10 of the written statement, and therefore, the order impugned should not be interfered with. Mr Ghosh submitted, on instructions, that the entire suit premises lying in occupation of the opposite parties does not belong to the petitioner-plaintiff, and that the opposite parties have been occupying major portion of the land belonging to PWD by encircling also the portion of the suit premises by raising construction and structure.;