Biswajit Basu, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and is directed against the order dated December 23, 2016 passed by the 4th Court of Civil Judge (Junior Division), Howrah, in Title Suit No. 176 of 2013.
(2.) The plaintiffs in the suit filed in three applications first, application is an application under Order 6 Rule 17 of the Code of Civil Procedure praying amendment of the plaint, the second is an application under Section 153 read with Section 151 of the Code seeking amendment of the application for injunction in the tune of the application for amendment of the plaint of the suit and third application is an application under Order 1 Rule 10(2) of the Code. The learned Trial Judge by the order impugned has dismissed all the three applications filed by the petitioners with costs.
(3.) Mr. Banerjee, learned Counsel appearing on behalf of the petitioner submits that the suit property was originally belonged to one Mohabbat Ali Molla who during his lifetime executed two deeds of settlement whereby the suit properties were settled in favour of his two sons, the petitioners herein. He submits that the said Mohabbat Ali Molla died leaving behind him, his said two sons and four daughters. The said four daughters during the pendency of the suit transferred a portion of the suit properties in favour of Momtaj Begum, the wife of opposite party No. 1 as such the petitioners applied before the learned Trial Judge for amendment of the plaint to incorporate a further prayer in the suit that the transfer deed executed by the said daughters of the Mohabbat Ali Molla in favour of said Momtaj Begum is void and also prayed incorporation of some averments in the plaint in support of the said prayer. The petitioners since are proposing to challenge the said transfer in favour of the said Momtaj Begum, they applied for addition of the said Momtaj Begum in the suit. Mr. Banerjee, further submits that even if it is assumed that the petitioners have acquired the knowledge of the said transfer in the year 2015 from the suit filed by the said Momtaj Begum and the defendant No. 1 being Title Suit No. 1294 of 2015 then also the application for amendment since was filed on April 5, 2016 i.e. within three years from the date of execution of the said deed of transfer, was within the prescribed period of limitation.;