- (1.) This writ petition has been filed for quashing the order dated 17.12.2009 passed in Eviction Suit No. 5 of 2008 by the Munsif, Ghatshila allowing the prayer of the Opposite party no. 2 (plaintiff- landlord) under Order VI Rule 17 of the Code of Civil Procedure for amendment.
(2.) Mr. Das, appearing for the petitioner (defendant-tenant) submitted that under proviso of Order VI Rule 17 C.P.C., the plaintiff was required to plead that inspite of due diligence he could not make such prayer earlier, and therefore the court below should not have allowed the prayer for amendment.
(3.) This Eviction Suit No. 5 of 2008 was filed for eviction on the ground of personal necessity and default. Issues were framed on 6.12.2008. After one witness was examined, the plaintiff sought to amend the plaint to bring on record the orders passed in H.R.C. Case No. 4 of 2006 between the parties on the ground that by inadvertence they could not be brought on record.;