MAHEMMAD HABEEB SHAMS ANSARI
SUNIL KUMAR SEN – Appellant
Versus
UNION OF INDIA – Respondent
( 1 ) THE instant application has been assigned to this court.
( 2 ) THE plaintiff is the applicant in the instant case and filed the instant application praying for amendment of the plaint in the manner indicated in red ink in a copy thereof, annexed to the application.
( 3 ) DESPITE best efforts, it is stated by Mr. Nirmal Mitra, learned senior counsel appearing with Mr. R. P. Banerjee for the respondent/defendant, the affidavit-in-opposition could not be filed despite sufficient opportunity and time having been afforded by court in that behalf. Mr. Mitra, however, made oral submissions opposing the said application for amendment of the plaint.
( 4 ) THE suit as originally filed by the plaintiff was for a decree for specific delivery of 5 (five) electric transformers mentioned in scheduled 'a' to the plaint; decree for Rs. 5,53,075/- towards loss and damages suffered by plaintiff, particulars whereof were mentioned in scheduled 'b' to the plaint. In scheduled 'b' the quantification of damage to the said five electric transformers have been specified. In the alternative, the plaintiff claimed a decree for the sum of Rs. 7,50,000/- being the value of the sai
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