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AJOY KUMAR MUKHERJEE
Narayan Gopal Sarkar – Appellant
Versus
Kalyani Sarkar – Respondent
JUDGMENT :
Ajoy Kumar Mukherjee, J. - Affidavit-of-service filed by the petitioner is taken on record. In spite of service, opposite parties are not represented.
2. The present revisional application under Article 227 of the Constitution of India has been preferred against order No. 13 dated 6th December, 2018 passed by the learned Civil Judge (Junior Division), Bongaon, 24-Parganas (North) in Title Suit No. 134 of 2015.
3. Petitioner states that the petitioner as plaintiff filed aforesaid suit, inter alia, praying for a decree of permanent injunction against the defendants / opposite parties. The defendants/opposite parties herein entered appearance and filed written statement.
4. It is alleged that during pendency of the said suit plaintiff/petitioner was illegally dispossessed from the suit property. Accordingly, the petitioner/plaintiff filed an application under Order VI, Rule 17 of the Code of Civil Procedure with a prayer for amendment of the plaint as per the schedule of the said application. The defendants / opposite parties filed written objection against the said application.
5. Learned Court below by the impugned order No. 13 dated 6th December, 2018 was pleased to reject th
The court established that the limitation for suits claiming declaration and possession of immovable property is 12 years under Article 65 of the Limitation Act, countering the trial court's applicat....
Amendment to add possession relief in declaration suit permissible pre-trial despite delay and framed issues if cause arose post-institution within limitation, avoiding multiplicity where separate su....
Amendments to pleadings must not alter the nature of the suit and must be sought with due diligence, particularly before trial commencement; claims based on adverse possession are limited to a 12-yea....
Amendments to pleadings that do not introduce new claims may be allowed even after the trial has commenced, emphasizing judicial discretion in such matters.
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