- (1.) The present application under Article 227 of the Constitution of India is directed against the Order No. 70 dated 12th July, 2007, passed by Shri S. Chowdhury, learned Civil Judge (Junior Division) at Jalpaiguri, District Jalpaiguri in Title Suit No. 52 of 2002.
(2.) It would appear that the plaintiff-O.P. filed the aforesaid title suit praying for declaration of her right, title and interest in the suit property and also for permanent injunction restraining the defendant from entering into the suit land as also for consequential reliefs. The present petitioner-defendant upon receiving Court'' summons entered appearance in the said suit and also filed written statement denying the material allegations made in the body of the plaint. Subsequently, the plaintiff-O.P. took out an application under Order 6 Rule 17, read with Section 151 of the Code of Civil Procedure seeking certain amendment of the plaint. The present petitioner-defendant contested the said amendment application by filing a written objection.
(3.) It would be manifest from the materials on record that the learned Court below upon hearing the learned lawyers for the parties concerned and also giving due consideration to the nature and circumstances of the case was pleased to allow the said amendment application with a cost of Rs.250/- (Rupees two hundred fifty only).;