- (1.) HEARD the learned Advocate appearing on behalf of the parties.
(2.) THIS is an application under Article 227 of the Constitution of India directed against an order, being Order No. 576 dated 27th October, 2005, passed by the learned Civil Judge (Senior Division) 3rd Court at Alipore in title Suit No. 249 of 1980.
(3.) BY the impugned order, the learned Court below allowed the amendment application of the plaintiff, being the opposite party No. 1 herein, by inter alia observing as follows :- ". . . . Having heard Ld. Advocates on both sides and having gone through the proposed averments, I am of the opinion that the same should be allowed to be incorporated into the pleading for proper adjudication of the controversy and if this amendment is allowed, then in my humble opinion, defendant No. 3 shall not be prejudiced in any manner. The defendant shall have scope of filing additional written statement and she will have scope to disprove the assertions made by the plaintiff. On the other hand, it will also help to avoid any chance of multiplicity of proceedings. In that view of the matter after due consideration of the facts and circumstances of the case, the amendment petition as made by the plaintiff on 22-7-2005 is allowed on contest". ;