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1995 Supreme(Cal) 355

P.S.NARAYANA
KAMALA BALA BISWAS – Appellant
Versus
KALACHAND SARKAR – Respondent


Advocates Appeared:
HARINARAYAN MUKHERJEE, KASHINATH DEY, NIHAR RANJAN CHATTERJI

P. S. NARAYANA, J.

( 1 ) THIS Revisional Petition is directed against Order No. 10 dated 18-3-1994 Passed by the Asstt. District Judge, Ranaghat in Title Appeal No. 50 of 1993 which arised of Title Suit No. 8 of 1992 of the Court of Additional Munsif, Ranaghat. By this impugned Order, the Plaintiff / Appellant's prayer for amendment of the plaint at the stage of the Appeal was rejected.

( 2 ) THE Petitioner before this Court, being the Plaintiff/ Appellant, had brought a Suit for eviction of the Defendant / O. P. on the ground of default in payment of rent as also on the ground of reasonable requirement of the suit premises. The Suit, however, failed on both the counts and, accordingly, there was an Order of dismissal of the Suit as per judgment passed on March 30, 1993 by the trial Court. Thereupon, there was an Appeal filed against the judgment and the decree passed by the trial Court. During the course of the Appeal, the Plaintiff/ Appellant filed a Petition dated January 19, 1994 under Order 6, Rule 17 of the C. P. C. praying to amend the Plaint by deleting one or the other paragraphs of original Plaint and substituting those with some additional paragraphs therein by way of a





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