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PRASENJIT BISWAS
Sailendra Nath Roy – Appellant
Versus
Biman Chandra Roy – Respondent
JUDGMENT :
Prasenjit Biswas, J.
1. Feeling aggrieved and dissatisfied with the impugned order dated 30.11.2015 passed by the learned XIII Bench, City Civil Court, Calcutta the petitioner/plaintiff has preferred this instant application filed under Article 227 of the Constitution of India.
2. By passing the impugned order learned Trial Court allowed the application for amendment filed by this petitioner to the extent so that he can make prayer for recovery of possession of 165 square feet but the other contentions made in that application was rejected by the Court.
3. Affidavit in opposition filed on behalf of the Opposite Party No.5 and affidavit in reply there to filed on behalf of the petitioner be kept with the record.
4. The run up of facts in brief leading to the instant petition has to be minuted. The present petitioner as a plaintiff instituted a suit against the defendants with a prayer for decree of declaration that he is a monthly tenant in respect of case property and he is entitled to protection against the eviction save and except under due process of law as well as decree of permanent injunction restraining the defendants and their men and agents from disturbing him in res
Courts should be liberal in allowing amendments to pleadings to determine the real question in controversy between the parties, minimizing litigation, and ensuring justice.
Courts should be extremely liberal in granting the prayer for amendment of pleadings unless serious injustice or irreparable loss is caused to the other side. The amendment to pleading should be libe....
The duty of the advocate to obtain relevant instructions and the need to avoid penalizing litigants for unintentional omissions.
Amendments should not fundamentally change the nature of the case and must be bona fide.
Amendments to pleadings under Order 6 Rule 17 CPC are permissible if they do not change the fundamental character of the suit and aim to avoid multiplicity of proceedings.
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