Noor Mohammad Mondal vs Akram Hossain Mondal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 488

IN THE HIGH COURT AT CALCUTTA
CHAITALI CHATTERJEE DAS
Noor Mohammad Mondal – Appellant
Versus
Akram Hossain Mondal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Sounak Bhattacharya, Adv. Mr. Chandra Nath Sarkar, Adv. Mr. Sounak Mondal, Adv. Mr. Anirban Saha Ray, Adv. Mr. Abhirup Halder, Adv.
For the Respondent: Mr. Sarajit Sen, Adv. Mr. Subhajit Mondal, Adv. Mr. Parag Mitra, Adv.

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 amendment of the aforesaid suit. Written objection was filed by the Opposite Party No1. The Learned Trial Court after hearing both the parties reject the application for amendment on the ground that if the amendment is allowed, it will invite future amendment and will change the nature and character of the suit.

2. It is argued before this court that amendment can be made at any stage of the proceeding provided in case where trial has commenced the petitioner will have to assign sufficient reasons and in this case the trial has not commenced. Furthermor