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IN THE HIGH COURT AT CALCUTTA
Hiranmay Bhattacharyya
Shiba Prasad Chowdhury @ Sibaprasad Chowdhury – Appellant
Versus
Biswanath Bag – Respondent
| Table of Content |
|---|
| 1. application under article 227 against amendment order. (Para 1 , 2) |
| 2. ownership dispute over a schedule property. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. arguments against proposed amendments. (Para 9 , 10) |
| 4. court reviews amendment application. (Para 11 , 12) |
| 5. challenge to sale certificate. (Para 13 , 14 , 15) |
| 6. court's reasoning on necessity of amendments. (Para 16 , 17 , 18) |
| 7. proposed amendments result in altered pleadings. (Para 19 , 20) |
| 8. knowledge of deeds and limitation issues. (Para 21 , 22) |
| 9. limitation act provisions applicable. (Para 23 , 24 , 25 , 26) |
| 10. declaration regarding sale deeds barred by limitation. (Para 27 , 28) |
| 11. law on time-barred claims in amendments. (Para 29 , 30 , 31) |
| 12. court's partial allowance of amendment application. (Para 32 , 33) |
| 13. final directions and order of the court. (Para 34 , 35 , 36 , 37) |
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an Order being no. 17 dated January 18, 2025 passed by the learned Single Judge (Junior Division) 3rd Court at Medinipur, District Paschim Medinipur in Title Suit No. 207 of 2020.
2
Amendments to a plaint are permissible for effective resolution of disputes, but claims that are time-barred cannot be allowed, especially when they would divest the opposing party of accrued rights.
A court can deny amendment requests under Order 6 Rule 17 CPC if due diligence is lacking after trial commencement.
Amendments to pleadings in civil suits must be granted if necessary for effective adjudication, provided they do not cause harm to the opposing party, affirming a liberal approach in such matters.
A plaintiff's failure to seek explicit title declaration does not render the suit unmaintainable if sufficient evidence of ownership exists, especially when the trial is ongoing.
The lower appellate court's order of remand was found to be justified and sustainable in law, and the proposed amendment was found to be well within the period of limitation and pecuniary jurisdictio....
A suit filed to declare a sale deed null and void is barred by limitation if not filed within three years from the date of registration, and must disclose a valid cause of action.
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