Rajat Chowdhury vs Akhil Haoladar - 2023 Supreme(Cal) 1561

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1561

SHAMPA SARKAR
Rajat Chowdhury – Appellant
Versus
Akhil Haoladar – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. Haradhan Banerjee, Mr. Amitava Paine, Mr. P.P. Mukhopadhyay, Ms. Manideepa (Paul) Roy, Mr. Nilmoni Das for the Petitioners.
For the Respondent: Mr. Baidurya Ghoshal, Ms. Aatreyee Dutta

Table of Content
1. details of application and property ownership. (Para 1 , 9)
2. arguments for and against amendment application. (Para 2 , 3)
3. court's reasoning on amendments in pleadings. (Para 4 , 5 , 6 , 7 , 8 , 10)
4. conditions and costs associated with amendment approval. (Para 11)
5. final order and directive by the court. (Para 12 , 13 , 14)

JUDGMENT :

Shampa Sarkar, J. - The petitioners are the opposite party nos.1 and 2 in Misc. Case No.118 of 2018. The misc. case arises out of an application for preemption. The petitioners are aggrieved by an order dated May 6, 2022 passed by the learned Civil Judge (Junior Division), Uttar Dinajpur. By the order impugned, the learned judge rejected an application for amendment of the written objection filed by the petitioners. The learned court below rejected the application on the following grounds:-

b) Trial had commenced and the amendment was belated.

c) The facts were within the knowledge of the opposite parties.

d) The