Md Mosarraf Hossian And ORS v. Abdul Rauf And ORS

21.01.2025 Item No.25 Ct. No. 30 Aloke CO 3968 of 2024 Md. Mosarraf Hossain & Ors.

Vs Abdul Rauf & Ors.

Mr. Gour Baran Sau Mr. Arshad Hussain ... for the petitioners The present revisional application has been preferred praying for setting aside of the order being no. 104 dated 27.09.2024 passed by the learned Civil Judge (Senior Division), 1st Court, Malda in Title Suit No. 185 of 2003.

Vide the order under revision, the learned trial Court rejected the defendant's prayer for amendment of written statement made after 12 years since the date of filing of the suit and has fixed the suit for argument. On the finding that the amendment sought to be was all along within the knowledge of the defendant/petitioners herein.

The order under revision being in accordance with law, requires no interference.

Heard the learned counsel for the petitioners. The present writ petition is accordingly disposed of with the direction that the trial Court shall proceed with the trial and hear the argument at the earliest and dispose of the suit preferably within two months from the date of this order.

There will be no order as to costs.

All connected applications, if any, stand disposed of.

Interim order, if any, stands vacated.

Let a copy of this order be sent to the learned Civil Judge (Senior Division), 1st Court, Malda. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)