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2024 Supreme(Cal) 293

PRASENJIT BISWAS
Bijoy Krishna Pal – Appellant
Versus
Mohan Chatterjee – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rahul Karmakar.

Judgement Key Points

How to exercise the liberal power of amendment under Order VI Rule 17 of the CPC? What is the test for determining whether an amendment is necessary to decide the real controversy? What actions are required by the trial court when amendment is allowed regarding filing amended plaint and defense?

Key Points: - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)

How to exercise the liberal power of amendment under Order VI Rule 17 of the CPC?

What is the test for determining whether an amendment is necessary to decide the real controversy?

What actions are required by the trial court when amendment is allowed regarding filing amended plaint and defense?


JUDGMENT :

Prasenjit Biswas, J.

1. This civil revision is directed against the order dated May 16, 2013 passed by the learned Civil Judge (Junior Division), Additional Court at Bankura in connection with Title Suit No. 4 of 2012.

2. By passing the impugned order learned Trial Court allowed the application in part filed by the plaintiffs with a prayer for amendment of the plaint. Being aggrieved and dissatisfied with the said impugned order one of the plaintiffs filed this instant application under Article 227 of the Constitution of India.

3. The petitioner along with proforma opposite party had instituted a suit against the defendants with a prayer for declaration of title and for injunction in respect of the scheduled property as mentioned in the plaint. The defendants entered into that suit and contested the same by filing written statement denying and disputing all the materials allegations as stated in the plaint. In that suit an Advocate Commissioner was appointed to hold local investigation in respect of the suit property and after conducting the local investigation the Advocate Commissioner submitted a report before the Trial Court. Thereafter this petitioner along with the prof

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