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2023 Supreme(Cal) 879

SHAMPA SARKAR
Chandeshwar Singh – Appellant
Versus
Shree Shree Iswar Satyanarayan Jee – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Kumarjyoti Tewari Mr. Amrit Sinha Mr. Aniruddha Tewari
For the Opposite Parties : Mr. Sakya Sen, Mr. Animesh Paul, Mr. Ramij Munsi Ms. Haardikaa Rajdev

JUDGMENT :

Shampa Sarkar, J.

1. This revisional application has been filed challenging the order dated January 24, 2023, passed by the learned Civil Judge (Junior Division), 3rd Court at Howrah, in Title Suit No.308 of 2004.

2. By the order impugned, the learned court allowed an application for amendment of the plaint.

3. The defendant challenged the said order on the following grounds:-

    (a) The amendment was not necessary for proper adjudication of the dispute between the parties,

(b) The amendment was inordinately delayed. The same has been filed after almost 18 years from the date of filing of the suit.

(c) The learned court below mechanically allowed the amendment without giving any reasons.

(d) The amendment was barred by law.

(e) The proposed amendment was for inclusion of an additional ground for eviction, namely, reasonable requirement for building and re-building over the suit property. This was a new cause of action.

(f) Such new cause of action would substantially alter the nature and character of the suit. The suit was filed for eviction on the ground of subletting, default and damage to the property. By incorporating the ground of reasonable requirement for building and rebuildi

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