SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Cal) 445

SABYASACHI BHATTACHARYYA
Md. Shahnawaz Khan – Appellant
Versus
Shaik Shajahan Hossain – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Rudradeb Choudhuri
For the Respondent: Mr. Anup Kumar Mukhopadhyay, Mr. Tapas Kumar Manna, Mr. Iswar Chandra Sharma

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. By the impugned order, the trial court allowed an application under Order VI Rule 17 of the Code of Civil Procedure, filed by the plaintiffs/opposite parties for amendment of their plaint. The defendants/petitioners have challenged the said order in the present revision.

2. The suit was filed originally for declaration that plaintiffs “are entitled to get back the suit property on making refund of premium of sub-lease to the defendants besides their right to re-enter and right of taking re-possession in the case of sooner determination on forfeiture of lease or on the expiry of lease” and for ancillary reliefs.

3. Learned senior counsel for the petitioners argues that by virtue of the proposed amendment, the plaintiffs/opposite parties sought to change the nature and character of the suit completely. Whereas originally the suit was for declaration asserting the plaintiffs’ alleged entitlement “to get back the suit property on making refund of premium of sub-lease to the defendants besides their right to re-enter and right of taking repossession in the case of sooner determination on forfeiture of lease or on the expiry of lease”, now the plain
















































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top