Subir Bhattacharya vs Sevoke Commosales LLP

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1693

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI
AJOY KUMAR MUKHERJEE
Subir Bhattacharya – Appellant
Versus
Sevoke Commosales LLP – Respondent

Advocates Appeared:
For the Petitioner: Mr. Sourabh Guhathakurata, Mr. Debjit Kundu, Mr. Sukanta Sarkar
For the Respondent: Dr. Pabitra Paul Chowdhury, Mr. Debarshi Dhar

JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by an order dated 23rd February 2024 passed by learned Civil Judge (Junior Division) Jalpaiguri in Title Suit no. 102 of 2022, present application under Article 227 of the Constitution of India has been preferred. By the order impugned, learned court below has allowed plaintiff’s application for amendment of plaint under Order VI Rule 17 of the Code of Civil Procedure with cost of Rs.1000/-.

2. Petitioner herein contended that opposite party no. 1 as plaintiff filed aforesaid Title Suit no. 102 of 2022 inter alia with a prayer for confirmation of title, possession, declaration, injunction and consequential reliefs. Plaintiff purchased property in question by virtue of a registered deed and plaintiff’s further case is since purchase plaintiff was in possession of the schedule mentioned suit property which is butted and bounded by boundary wall form all sides, along with gate. Plaintiff’s further case is that his name has been recorded in the L.R Records of Rights

3. During pendency of the said suit plaintiff filed an application for amendment wherein he has stated that after disposal of Revisional Application being no. C.O. 68 of 20