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SHAMPA SARKAR
Ramendra Nath Ganguly – Appellant
Versus
Murali Mohan Mitra – Respondent
| Table of Content |
|---|
| 1. challenge to amendment order in ejectment suit (Para 1 , 2) |
| 2. arguments against amendment imply irregularities (Para 3) |
| 3. grounds for reasonable requirement elaborated (Para 4 , 5 , 6) |
| 4. amendments should facilitate court's adjudication (Para 8 , 9 , 10 , 11) |
| 5. final decision on amendment allowed with directions (Para 12 , 13 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
Shampa Sarkar, J. - This revisional application has been filed challenging an order passed by the learned Civil Judge (Junior Division), 3rd Additional Court at Alipore, South 24-Parganas, in Ejectment Suit No.222 of 2018.
2. By the order impugned, the learned court below allowed an application for amendment on the ground that the said amendment was necessary for adjudication of the real questions in controversy between the parties and for the ends of justice.
3. The learned Advocate for the defendant/petitioner submits that the order impugned suffers from following irregularities:
(b) The order impugned did not disclose any reason.
(c) The facts sought to be incorporated changed the nature and character of the suit property.
(d) The daughter did not have the auth
Amendments should not fundamentally change the nature of the case and must be bona fide.
The power to grant amendment of pleadings is intended to serve the ends of justice and should not be restricted by technical limitations.
An amendment to pleadings after commencement of trial is permissible only if a party demonstrates due diligence; otherwise, it risks altering the nature of the suit.
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