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AJOY KUMAR MUKHERJEE
Md. Ansar Rahaman Mollah @ Molla – Appellant
Versus
Abdul Gazi – Respondent
| Table of Content |
|---|
| 1. party initiated suit for partition. (Para 1 , 2) |
| 2. plaintiff claims error in trial court's decision. (Para 3) |
| 3. opposite party contends plaintiff lacked diligence. (Para 4 , 5 , 6 , 7) |
| 4. court reviews amendment application. (Para 8 , 9) |
| 5. court clarifies amendment limitation issue. (Para 10 , 11) |
| 6. revisional application dismissed. (Para 12 , 13 , 14) |
JUDGMENT :
Ajoy Kumar Mukherjee, J. - This revisional application has been filed by the petitioner against the order dated 9th August, 2018 passed by the learned Civil Judge (Junior Division), 6th Court, Alipore in Title Suit No. 81 of 2014.
2. The petitioner herein as plaintiff filed the aforesaid suit inter alia for partition and permanent injunction. The opposite parties herein appeared in the said suit and filed written objection. During pendency of the suit the petitioner filed an application under Order VI, Rule 17 of the Code of Civil Procedure for amendment of the written statement and the opposite parties/defendants filed written objection against the said amendment application. Learned Court below by the impugned order has rejected the prayer for amendment of the plaint filed by the plaintiff.
3. Mr. Debdutta
The court affirmed the permissibility of amendments to plaint descriptions under Order 6 Rule 17 without changing the nature of relief.
Amendments to pleadings cannot introduce time-barred claims, as this undermines the accrued rights of other parties involved.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Amendments to written statements after commencement of trial require stringent adherence to procedural rules, especially regarding justification for delay and ensuring no change in the nature of the ....
Amendment of plaint – While deciding applications for amendments Courts must not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide, worthless and/or dishon....
Amendments introducing time barred claims are impermissible after trial commencement unless due diligence is demonstrated by the party seeking the amendment.
The Court emphasized that amendments for partition should not alter the nature of the original suit, and that establishing title is essential before claiming partition as an independent relief.
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