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2015 Supreme(Cal) 281

SAMAPTI CHATTERJEE
Jyotsna Bala Maity – Appellant
Versus
Hansibala Pramanik – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. Debasish Ray, Learned Advocate Mr. Apurba Krishna Das, Learned Advocate
For the Defendants :Mr. Asish Bagchi, Learned Advocate Mr. Amit Baran Dash, Learned Advocate

Judgment :

Samapti Chatterjee, J.

1. Challenging order no.125 dated 21st Februray, 2015 passed by Sri Suthirtha Banerjee, Learned Civil Judge (Junior Division) 2nd Additional Court, Contai, in Title Suit No.5 of 2007 whereby the Learned Judge allowed application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of written statement, the plaintiff/petitioner filed the instant revitional application.

2. Mr. Debasish Ray, learned Advocate appearing for the petitioner contended that the Learned Judge erred in law by allowing the said application for amendment of written statement whereby the defendants/opposite parties sought to delete/withdraw the admissions by way of amendment application which is not permissible in law.

3. Mr. Ray further vehemently urged that admission cannot be withdrawn or omitted by filing application under order 6 Rule 17 of the Civil Procedure Code.

4. Mr. Ray further contended that after lapse of more than 17 years of filing of the written statement the defendant nos. 6 to 7 on 20.12.2014 filed an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the written statement and in the said proposed amendment virtually























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