Mosammat Monowara Begum and others ……petitioners -Versus- Abul Hossain and others ……opposite parties Mr. Md. Humayun Kabir with Ms. Tasmin Akhter, Advocates …… for the petitioners Ms. Preyanka Mohalder, Advocate …… for opposite party 2

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In the order the appellate Court passed on 05.11.2019, it is found that the instant petitioners filed an application therein under Order 6 Rule 17 of the Code for amendment of the plaint which was neither allowed nor rejected expressly but the next date of the appeal was fixed for delivery of judgment. I have perused the application for amendment of the plaint and the relevant order of the appellate Court. It appears that the District Judge heard the application on 05.11.2019 but fixed next date of the appeal to 21.11.2019 for delivery of the judgment which means that it virtually rejected the application for amendment of plaint. Though, it was the duty of the appellate Court to pass a speaking order on the application but he did not do so. Even the application for amendment of plaint was allowed by the appellate Court, the present suit for declaration of title would have been turned into a suit for declaration of title and partition, because the word- “Ges ev`xc‡¶i `vweK„Z D³ m¤úwË m¤ú‡K© e›U‡bi wWwµ cvBevi Av‡e`b” would have been inserted after the word “ivqwZ ¯^Ë¡ _vKv g‡g©

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