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2010 Supreme(Cal) 170

JYOTIRMAY BHATTACHARYA
Ajit Kumar Sarkar – Appellant
Versus
Renu Karmakar – Respondent


Advocates:
Advocate Appeared:
Bidyut Kumar Banerjee, Shila Sarkar, Arnab Roy, S.P.Roychowdhury, Sabyasachi Bhattacharya, S.T.Mina, Chandradoy Roy.

JUDGMENT

1. THIS application under Article 227 of the Constitution of India is directed against an order being No.24 dated 25th January, 2006 passed by the learned Additional District Judge, Basirhat in Title Appeal No.12 of 2005 by which the plaintiff/respondent/petitioner was not permitted to amend his plaint at the appellate Stage. The plaintiff/ respondent/ petitioner was aggrieved by the said order. Hence, he filed the instant revisional application before this Court.

2. HEARD Mr. Banerjee, learned Senior Counsel appearing for the petitioner and Mr. Roy Chowdhury, learned Senior Counsel appearing for the opposite party. Considered the materials on record including the order impugned. Let me now consider as to how far the learned Appeal Court was justified in passing the impugned order in the facts of the instant case. The plaintiff filed a suit for declaration of his title in respect of A schedule property. He has also prayed for a decree for recovery of possession for evicting the defendants from kha schedule property on revocation of licence. He also prayed for a decree for permanent injunction for restraining the defendants from changing the nature and character of kha sche
















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