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ARIJIT BANERJEE
Tapan Paul – Appellant
Versus
Anju Paul – Respondent


Advocates Appeared:
For the Petitioner:Hiranmoy Bhattacharyya, Koushik Roy and Tanmoy Mukherjee, Advocates.
For the Opposite Parties :Shiva Prasad Ghosh, Advocate.

JUDGMENT :

Arijit Banerjee, J.

1. The opposite party/plaintiff filed T.S. No. 358 of 2008 in the learned 1st Court of Civil Judge (Senior Division) at Barasat. Essentially, it is a suit for partition.

2. From the written statement filed by the defendant no.1 in the suit, the plaintiff came to know that it is being contended that she had executed a general power of attorney in favour of her mother on 10th May, 1983 and a registered deed of gift dated 8th November, 2002 was executed on behalf of the plaintiff on the strength of such power of attorney.

3. The plaintiff filed an application for amendment of the plaint to incorporate pleadings challenging the validity and/or authenticity of the said power of attorney and the deed of gift. By the order impugned, the learned Trial Court has allowed such amendment. Being aggrieved, the defendant no.1 is before this Court by way of the instant revisional application.

4. It is submitted on behalf of the petitioner/defendant no.1 that the amendment application was filed in 2009. As on that date, a claim for declaration that the registered power of attorney dated 10th May, 1983 and the registered deed of gift dated 8th November, 2002 are void, inop













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