Badsha Ansary vs Nasir Ansary - 2023 Supreme(Cal) 1559

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1559

SHAMPA SARKAR
Badsha Ansary – Appellant
Versus
Nasir Ansary – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Rajdip Roy, Mr. Madhusudan Mandal
For the Respondent: Ms. Mousomee Shome, Mr. Subhajit Das

JUDGMENT :

Shampa Sarkar, J. - This revisional application has been filed challenging an order dated August 10, 2022 passed by the learned Civil Judge (Junior Division) at Raghunathpur, District-Purulia, in Title Suit No.95 of 2015.

2. By the order impugned, the learned court below rejected an application for amendment of the plaint on the ground of delay. The learned court below was of the view that as the suit was at the stage of evidence, such amendment could not be allowed.

3. The learned Advocate for the petitioners submits that the factum of dispossession during the pendency of the suit and in the teeth of the order of injunction passed by both the learned courts below, and the prayer for recovery of possession was required to be incorporated for complete adjudication of the matter. That due to changed circumstances and subsequent events, the real controversy could not be decided without incorporating such facts and prayers. Moreover, the relief claimed in the suit, if granted, would not result in complete redressal of the grievances of the petitioner.

4. It is submitted by the petitioner that as the Civil Misc. Appeal No.06 of 2016 was going on before the learned Additional Dist