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2022 Supreme(Cal) 343

AJOY KUMAR MUKHERJEE
Sudarshan Das – Appellant
Versus
Kamalendu Mondal – Respondent


Advocates appeared:
Mr Kushal Chatterjee Mr. Debrup Choudhury, for the Appellant; Mr. Arijit Bardhan, Mr. Anirban Ghosh, Ms. Tapati Samanta, for the Respondent

JUDGMENT

Ajoy Kumar Mukherjee, J. - This is an application under section 227 of the Constitution of India against order No. 11 dated 17.04.2017 passed by learned Civil Judge Junior Division, 1st Court, Uluberia, in Title Suit No. 643 of 2015.

2. Petitioner as plaintiff had filed a suit against opposite parties wherein petitioner had prayed for right title interest over 'A' schedule property and had further prayed for a decree for rectification of the deed of sale , registered on 14.08.1996 and also for injunction restraining defendants no. 1 to 4 from alienating 2/3 share out of the 'A' schedule property, being Title Suit no 643 of 2015 which is now pending before learned Civil Judge (Junior Division) 1st Court Uluberia. In the said suit petitioner had filed an application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure (CPC) and the said application for amendment was taken up for hearing by the Ld. Trial Judge and after hearing the parties, the learned Trial Judge by the impugned order, rejected the said application for amendment.

3. Mr. Kushal Chatterjee appearing on behalf of the petitioner submits that learned Trial judge has failed to appreciate t

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