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2019 Supreme(Cal) 776

SABYASACHI BHATTACHARYYA
Twilight Properties Pvt. Ltd. – Appellant
Versus
Supratik Bhattacharjee – Respondent


Advocates Appeared:
For the Petitioner:Arindam Banerjee, Satadeep Bhattacharyya, Surajit Biswas, Awani Kumar Roy, Advocates.
For the Opposite Party :Utpal Bose, Sakya Sen, Probal Kumar Mukherjee, Urmila Chakraborty, Paromita Banerjee, Subika Paul, Sayani Chatterjee, Advocates.

JUDGMENT :

1. The present challenge under Article 227 of the Constitution of India has been preferred against an order whereby the application filed by the plaintiffs/petitioners for amendment of their plaint was rejected. It is contended on behalf of the petitioners that the suit was initially filed inter alia on the ground that a purported deed of conveyance dated May 27, 2011 be adjudged null and void and be delivered up and cancelled, for a declaration that the plaintiffs have the sole, exclusive and absolute right to cause construction and carry on the project by constructing a multistoried building at the suit premises as per the agreements dated August 2, 1989 and/or October 19, 1994, along with consequential reliefs of injunction etc.

2. The trial court, while rejecting the amendment application, primarily proceeded on the premise that the petitioners had filed another suit subsequent to the fling of the suit (the present revision arises from the first suit), whereby they had sought the relief for a declaration that a valid, binding and subsisting development agreement dated August 2, 1989 was in existence between the plaintiff no. 2 and defendant no. 1, for specific performa

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