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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Iftekhar Alam – Appellant
Versus
K.N. Paul – Respondent
| Table of Content |
|---|
| 1. right to oral arguments in appellate proceedings. (Para 19 , 20) |
| 2. final disposal of application with directions. (Para 22) |
JUDGMENT :
Hiranmay Bhattacharyya , J.
1. The defendant, who is the appellant in Title Appeal No.94 of 2023 has approached this Court by filing an application under Article 227 of the Constitution of India challenging the orders dated December 5, 2024, December 23, 2024, January 22, 2025 and May 22, 2025, all passed by the learned Additional District Judge, Fast Track, 1st Court at Howrah in Title Appeal No.94 of 2023.
2. Mr. Tanmoy Mukherjee, learned advocate appearing for the petitioner submits that the petitioner filed an application for amendment of the written statement but the learned judge of the First Appellate Court passed an order on December 5, 2024 thereby directing the appellant to file the amended memo of appeal on the next date. Mr. Mukherjee submits that an application under Order 41 Rule 27 along with the application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of written statement were filed and the learned judge of the First Appellate Court did not fix any date for hearing of the application under Order 4
The procedural rights of a party must be respected, allowing for amendments and oral submissions in appellate processes to ensure fair adjudication.
Amendments to pleadings under CPC require showing due diligence and must be justified; failure to do so results in dismissal of such applications.
Amendments to pleadings are allowed only when they're necessary for deciding existing disputes, not for introducing entirely new cases.
Amendment in plaint can be allowed at any stage of suit even before pronouncement of Judgment – Question of requirement of filing written statement cannot be assessed by court at this stage.
Timelines for filing written statements in commercial disputes may be adjusted by the court during transfer, rather than mandating strict adherence to previous civil procedure timelines.
Amendments to pleadings under Order VI Rule 17 CPC can be allowed at any stage of the proceedings, provided they do not change the nature of the suit or introduce new causes of action that would prej....
Amendments to pleadings must be necessary to resolve substantive disputes rather than mere denials of the defendants' claims, as per the procedural rules governing civil litigation.
Misapplication of procedural rules, specifically regarding adjournments and stay orders, which led to the dismissal of an appeal on merit without due process.
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