31.07.2024
(D/L-19)
Ct.-19
(Susanta)
IN THE HIGH COURT AT CALCUTTA
CIVIL REVISIONAL JURISDICTION
C.O. 2673 of 2024
Sri Vimal J. Bavishi & Anr.
-Vs-
Sri Gaurav V. Sanghvi & Ors.
Mr. Debajyoti Mondal,
.
… For the Petitioners
Ms. Shohini Chakraborty,
Mr. Prajaaini Das,
…. For the O.P. No. 1.
The plaintiffs in a suit for declaration and
recovery of possession are the petitioners of the
instant application under Article 227 of the
Constitution of India which is directed against the
order dated May 13, 2024 passed by the 3rd
Additional Court of learned Civil Judge (Junior
Division), Alipore, District-24-Parganas (South) in
the said suit being Title Suit No. 1 of 2016.
The learned Trial Judge by the order
impugned, has allowed an application for
amendment of the written statement filed by the
defendant no. 1, the opposite party no. 1 herein.
Mr. Debajyoti Mondal, the learned advocate
for the petitioners submits that the trial of the suit
has commenced long back in the year 2017,
therefore, the amendment should not have been
allowed.
Ms. Shohini Chakraborty, learned advocate
for the opposite party no. 1, submits that the facts
2
sought to be incorporated in the written statement
by way of amendment are the events happened
subsequent to the commencement of trial.
It appears from the said application for
amendment that the defendant no. 1, by the
proposed amendment has sought to bring on
record the fact of execution of some deeds,
executed subsequent to the commencement of
trial, therefore, the proviso to Order VI Rule 17 of
the Code of Civil Procedure is not a bar in allowing
the said application for amendment.
The order impugned, for the aforesaid reason,
does not call for any interference.
C.O. 2673 of 2024 is therefore dismissed
without any order as to costs.
The suit since is pending since 2011, the
learned Trial Judge is requested to expedite the
disposal of it and in doing so, shall not grant any
unnecessary adjournment to the parties.
Parties to act on the server copy of this order
duly downloaded from the official website of this
Court.
Urgent photostat certified copy of this order, if
applied for, be supplied to the parties subject to
compliance with all requisite formalities.
(Biswajit Basu, J.)