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2019 Supreme(Cal) 93

BISWAJIT BASU
ANWAR ALI MOLLA – Appellant
Versus
SHAIKH SONAMONI – Respondent


Advocates:
Advocate Appeared:
Haradhan Banerjee, Adv., Manideepa (Paul) Roy, Adv., Nilmoni Das, Adv., Jiban Ratan Chatterjee, Adv., Sandeep Kumar Tiwari, Adv.

JUDGMENT :

BISWAJIT BASU, J.

1. The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for declaration of title and is directed against the order dated December 23, 2016 passed by the 4th Court of Civil Judge (Junior Division), Howrah, in Title Suit No. 176 of 2013.

2. The plaintiffs in the suit filed in three applications first, application is an application under Order 6 Rule 17 of the Code of Civil Procedure praying amendment of the plaint, the second is an application under Section 153 read with Section 151 of the Code seeking amendment of the application for injunction in the tune of the application for amendment of the plaint of the suit and third application is an application under Order 1 Rule 10(2) of the Code. The learned Trial Judge by the order impugned has dismissed all the three applications filed by the petitioners with costs.

3. Mr. Banerjee, learned Counsel appearing on behalf of the petitioner submits that the suit property was originally belonged to one Mohabbat Ali Molla who during his lifetime executed two deeds of settlement whereby the suit properties were settled in favour of his two sons, the pet













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