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2023 Supreme(Cal) 1263

SHEKHAR B. SARAF
Rumpa Ghosh – Appellant
Versus
International Service Centre – Respondent


Advocates Appeared:
For the Applicant : Mr. K.K. Maiti.
For the Respondents: Mr. Jahar Chakraborty, Mrs. Sabita Mukherjee Roy Chowdhury, Mr. Sanket Das, Mr. Subhojeet Mukherjee.

JUDGMENT :

Shekhar B. Saraf, J.

1. The present review petition by Rumpa Ghosh (hereinafter referred to as the ‘applicant') arises from the order dated February 2, 2016 passed by Justice Ashoke Kumar Dasadhikari in C.O. No. 3315 of 2015.

Facts

2. The factual matrix of the case is laid down below:

    a. Initially, a title suit no. 1337 of 2006 was filed with the City Civil Court at Calcutta by International Service Centre and Anr. (the plaintiff therein, hereinafter referred to as the ‘respondents') for eviction and recovery of Khass possession. The respondents then filed an application for amendment of the plaint, and by order dated February 18, 2010, the trial court allowed the said amendment.

b. In response, an application was filed by the applicant for recalling the said order dated February 18, 2010. The prayer was granted by an order dated December 7, 2011 and the amendment stood rejected due to failure on the part of the respondents to comply with Order VI Rule 18 of the Civil Procedure Code, 1908.

c. Thereafter, in the said title suit, the applicant filed a written statement along with a counterclaim to the original plaint on March 16, 2012. In the meanwhile, a revisional applica

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