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1998 Supreme(Cal) 349

P.K.SAMANTA
Sudhangshu Bimal Ghosh – Appellant
Versus
Ranjit Kr Das – Respondent


Advocates appeared:
Abhijit Kumar Ghosh, S.P. Roychowdhury, Sabyasachi Banerjee, Subal Kr. Maitra, Subhra Kamal Mukherjee, Sudhis Das Gupta,

JUDGMENT

1. THIS revisional application is by the defendant/petitioners and directed against Order No. 88 dated 4. 12. 97 passed in title Suit No. 76 of 1991 allowing the petition filed by the defendants for amendment of their written statement under Order 6 Rule 17 of CPC in part. The plaintiff/o. P. instituted the aforesaid suit in the 7th Court of Additional District Judge at Alipore against the petitioners for declaration that the registered Deed of Gift executed by the Alongo Bate. Dhar on 12.6.85 in favour of the defendant No. 1 is forged and therefore void and is not binding upon the plaintiff and also for a decree for partition and separate possession in respect of l-/4th share of the plaintiff/o. P. in the suit property in preliminary and therefore in final form and for other consequential reliefs.

2. IT is the specific case of the plaintiff that he is the son and defendant no. 2 is the daughter of said Alongo Bala Dhar. Defendant No. 1 is the husband of the defendant No. 2 and accordingly son-in-law of said Alongo bala Dhar. The case made out in the plaint is that the suit property was purchased jointly by the defendant No. 1 and said Alongo Bala Dhar. On the death of the















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