SAFAUL RAHMAN Vs. MOHAMMAD KHALIL

JUDGEMENT

(1.) This writ petition is under Article 227 of the Constitution of India, whereby and whereunder the order dated 05.02.2019 passed in T.S. No.74 of 2008 by which the petition filed under Order VI Rule 17 dated 18.12.2018 has been rejected is under challenge.

(2.) The brief facts of the case of the petitioner is that the petitioner/plaintiff has filed T.S. No.74 of 2008 for declaration of right, title over the landed property in question, in which his title is on the basis of registered sale deed dated 27.01.1954 which has been said to be purchased by the mother of the plaintiff.

(3.) Mr. B.V. Kumar, learned counsel for the petitioner has submitted that the trial court has rejected the aforesaid petition mainly on the ground that on such a belated stage the amendment cannot be but according to him amendment can be allowed at any stage of the suit, therefore, the order passed is improper and illegal and is not sustainable in the eye of law and is accordingly fit to be set aside.