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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Chaitali Ghosh – Appellant
Versus
Mondira Ghosh – Respondent
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. 18 dated June 17, 2025 passed by the learned Judge, Xth Bench, City Civil Court, Calcutta in Title Suit No. 1527 of 2022.
2. By the order impugned, the application under Order 8 Rule 9 of the Code of Civil Procedure stood rejected.
3. The opposite party filed a suit for declaration that the petitioner is in illegal and unlawful possession of the suit premises as a rank trespasser thereof and for eviction of the petitioner and for other consequential reliefs. In the said suit the evidence of PW-1 has already started and the petitioner cross-examined the PW-1 on several dates. At that stage, an application under Order 8 Rule 9 of the Code of Civil Procedure was filed by the petitioner herein praying for leave to file an additional written statement with counter claim. The learned Trial Judge, by the order impugned, rejected such application.
4. Being aggrieved, the defendant has approached this Court.
5. Mr. Ray, learned advocate appearing for the petitioner submits that the petitioner is a widow who is conte
Judicial discretion permits amendments to pleadings if justified, aiming for effective dispute resolution while maintaining procedural integrity.
Amendment of pleadings after the commencement of the trial is not permissible unless the party can show that in spite of due diligence, the matter could not have been raised before the commencement o....
Counter-claims must be filed independently and cannot be included in an amendment application to a written statement.
The court clarified that there is no fixed time limit for filing additional written statements to counter-claims, and such filings can be made upon obtaining leave from the court.
Subsequent pleadings under Order 8 Rule 9 CPC cannot introduce new causes of action and must relate to existing issues, with the court retaining discretion to allow or deny such applications based on....
The court upheld the trial court's discretion in allowing a late written statement against a counter-claim, emphasizing that no fixed period was established for its submission.
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.
Counter-claims must arise before the defendant delivers their defense; otherwise, they are barred by limitation under the Code of Civil Procedure.
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