SUKHADABALA SAHA Vs. NAREN SAHA

JUDGEMENT

(1.) THIS revisional application is directed against an Order No. 16 dated 22nd July, 2011 passed by the learned Additional District Judge, 2nd Court at Howrah in Title Appeal No. 127 of 2009 by which an application for amendment of the written statement at the appellate stage is rejected. The opposite party instituted a suit for eviction under the West Bengal Premises Tenancy Act, 1997.

(2.) IN the written statement a plea was taken by the petitioner relating to the derivative title of the opposite party and also non-joinder of the necessary party. According to the opposite party, upon the death of the original tenant some of the heirs and legal representatives of the deceased tenant are not made party to the suit. It appears that a specific issue in this regard was framed by the trial court and on consideration of the said issue on merit it was answered against the petitioner. Even the objection as to the Title of the opposite party, was also considered by the trial court and negated on merit.

(3.) THERE is no doubt that the court in appropriate case may allow the parties to amend the plaint even at the appellate stage provided such amendment is necessary for complete and effective determination of the question involved therein.