Urmila Sau vs Subhash Chandra Giri - 2023 Supreme(Cal) 1553

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1553

SHAMPA SARKAR
Urmila Sau – Appellant
Versus
Subhash Chandra Giri – Respondent

Advocate Appeared:
For the Appellant :Mr. Bidhayak Lahiri, Mr. Pradip Kumar Ghosh, Ms. Bhaswati Lahiri, Advocates
For the Respondent:Mr. Madan Mohan Roy, Advocate

Table of Content
1. procedural correctness in service of notice. (Para 1 , 2 , 3)
2. arguments regarding amendment of plaint. (Para 4 , 5)
3. criteria for allowing amendments in pleadings. (Para 6 , 7 , 8 , 9)
4. order on progression of the suit post-amendment. (Para 10 , 11 , 12)

JUDGMENT

Shampa Sarkar, J. - Affidavit of service, which has already been taken on record, indicates that all the opposite parties have been served.

2. Despite service, none appears on behalf of the opposite parties, apart from opposite party nos.1 to 5, even today.

3. The revisional application has been filed challenging the Order No.49 in Title Suit No.112 of 2014 dated August 18, 2022 passed by the learned Civil Judge (Senior Division), 1st Court, Contai, Purba Medinipur, who had rejected the application for amendment of the plaint.

4. By the amendment, the plaintiff wanted to incorporate additional facts with regard to the other plots and properties of which the plaintiff claims to be a co-sharer. The details as to how the plaintiff became a co-sharer in respect of such property was sought to be included in the pleadings. The application for amendment was filed after the issues were framed, but before the evid

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