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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Pradip Kumar Ganeriwala – Appellant
Versus
Manoj Kumar Ganeriwala – Respondent
| Table of Content |
|---|
| 1. application under article 227 against a civil judge's order. (Para 1 , 2) |
| 2. arguments about suppression of facts and amendment necessity. (Para 3 , 4 , 5 , 6 , 9 , 10 , 12) |
| 3. court's analysis of cause of action and discretion in amendments. (Para 7 , 15 , 18 , 20) |
| 4. principles for allowing amendments under cpc. (Para 22 , 24 , 28) |
| 5. order dismissing the application with no costs. (Para 37) |
JUDGMENT :
Hiranmay Bhattacharyya, J.:-
1. This application under Article 227 of the Constitution of India is at the instance of the defendant nos. 1, 13 and 14 and is directed against an order dated April 21, 2025 passed by the learned Civil Judge (Senior Division) Alipore in Title Suit No. 423 of 2023.
2. The opposite party no. 1 herein filed a suit for partition, accounts, perpetual injunction and for other consequential reliefs. The defendant nos. 1, 5, 6, 13 and 14 filed an application under Order VII Rule 11 of the Code of Civil Procedure praying for rejection of plaint. The opposite party no. 1 herein filed an application praying for amendment of plaint. By the order impugned, the application under Order VII Rule 11 of the Code of Civil Procedure filed by the defendant nos.
The court upheld the ruling that amendments to pleadings are permissible to facilitate just adjudication without injustice, reaffirming established principles governing such applications under the Co....
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Amendments to pleadings in partition suits should be liberally allowed to ensure justice and avoid multiplicity of proceedings, without assessing the merits of the amendment at the initial stage.
Amendments to pleadings should be allowed if necessary for determining the real questions in controversy, provided they do not change the nature of the suit or cause prejudice.
Amendment of Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
Rule of amendment is essentially a rule of justice, equity and would conscious and the power of amendment should be exercised in the larger interest of doing full and complete justice to the parties ....
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