Jai Ram Singh vs Nandlal Singh - 2025 Supreme(Cal) 5

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 5

BISWAROOP CHOWDHURY
Jai Ram Singh – Appellant
Versus
Nandlal Singh – Respondent

Advocates Appeared:
For the Petitioner: Mr. Amitava Pain, Adv., Mr. P.P. Mukhopadhyay, Adv.
For the Opp. Parties : Mr. Chittapriya Ghosh, Adv., Ms. A. Gupta, Adv.

JUDGMENT :

(Biswaroop Chowdhury, J.)

1. The petitioner before this court is a plaintiff in a suit for partition and is aggrieved by the order dated 24-02-2023 passed by Learned Civil Judge (Senior Division) at Serampore Hooghly in Title Suit No 176 of 2021, in rejecting the prayer of the petitioner/ plaintiff for amendment.

2. The case of the petitioner before Trial Court in the petition for amendment may be summed up thus:

2. Although in the plaint it is mentioned that the property originally belonged to Randhir Singh who obtained the same by way of mutual family partition and on the strength of the said mutual family partition and on the strength of the said mutual family partition became the sole and absolute owner of the property and on the demise of Randhir Singh his sons and married daughter became the joint owner of the property as 1/9 share of each.

3. The father of Randhir Singh namely Hari Kishun Singh who was the original owner of the suit and other properties during life time made and executed family settlement on 20/03/1979 by enclosing the plan with the said family settlement