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IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Noor Mohammad Mondal – Appellant
Versus
Akram Hossain Mondal – Respondent
| Table of Content |
|---|
| 1. revisional application against lower court's order. (Para 1) |
| 2. arguments for amendment of the plaint. (Para 2 , 3) |
| 3. opposition's arguments against amendment. (Para 4 , 6) |
| 4. background of the ownership dispute. (Para 5) |
| 5. legal principles governing amendments in suits. (Para 7 , 9) |
| 6. court’s considerations on amendment impact. (Para 8 , 14) |
| 7. judicial decisions relevant to the case. (Para 10 , 11 , 12) |
| 8. right to partition based on title established. (Para 13) |
| 9. conclusion: revisional application dismissed. (Para 15 , 16 , 17) |
JUDGMENT :
CHAITALI CHATTERJEE DAS, J.
1. This revisional application is directed against an order dated February 12, 24 passed by learned Civil Judge (Jr.) Division 3rd Court at Baruipur, 24 Parganas South in Title suit No. 3 of 2007. The present petitioners being the plaintiff filed a suit for declaration and permanent injunction against the opposite parties before the learned trial court. The Opposite Party No. 1, entered appearance and filed written statement denying the material allegations containing in the plaint. The petitioner thereafter filed an application under Order VI Rule 17 of the Code of Civil Procedure praying for an amendme
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.
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 Written Statement – Inordinate delay in filing application for amendment of written statement cannot be allowed.
(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....
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....
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.
An amendment to pleadings should be allowed if it is necessary for proper adjudication, bona fide, does not cause irreparable prejudice, avoids injustice or multiple litigation, does not change the n....
Principle applicable for deciding application made for amendment in pleadings remains no more res integra.
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.
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