ASHIS KUMAR CHAKRABORTY,J. - (1.) This revisional application is directed against the order dated April 22, 2010 passed by the learned Judge, 6th Bench, Small Causes Court at Calcutta in Ejectment Suit No. 198 of 2000. The petitioner filed the above suit is an ejectment suit. By the impugned order, the learned Court below rejected the application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure praying for, amendment of his plaint.
(2.) From the records it appears that by the proposed amendments the petitioner has sought to incorporate additional grounds of eviction alleging that the opposite parties defendants have unauthorisely inducted sub-tenant in respect of the portion of the suit property and they are also guilty of using the suit property other than the purpose for which the suit property was let down to them.
(3.) In the present case, the eviction suit was filed in the year 2000, that is, before the proviso to Rule 17 of Order VI of the Code was introduced. Accordingly, commencement of the trial of the suit did not prevent the petitioner from amending his plaint. However, the learned Court below rejected the amendment application filed by the petitioner on the ground the evidence of the respective parties is over.;