Harish Tandon, J. - (1.) This re visional application is directed against an order dated 16th September 2016 passed by learned Civil Judge (Sr. Div.), 9th Court, Alipore in Title Suit No. 184 of 2009 allowing an application for amendment of the written statement on contest.
(2.) Undisputedly, the suit reached the stage of trial and an amendment application was filed after the filing of affidavit as to examination-in-chief by the plaintiff's first witness. It is stated in the said application that in course of drafting the written statement, the material particulars could not be incorporated therein by the learned advocate. According to the opposite party there was a bona fide mistake on the part of the learned advocate who drafted the written statement, as those facts could not be incorporated therein.
(3.) According to the opposite party the proposed amendment is formal in nature and shall not change the complexion of the defence nor would cause any prejudice to the plaintiff.;