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2012 Supreme(Gau) 52

S.TALAPATRA
Jayanta Kumar Lodh – Appellant
Versus
Prasanta Kumar Lodh – Respondent


Advocates Appeared:
Advocates who appeared in the case:Mr. B.N. Majumder for the petitioner.
Mr.S. Datta for the respondent.

1. Heard Mr. B.N. Majumder, learned counsel, appearing for the petitioner. Also heard Mr. S. Datta, learned, appearing for the respondent.

2. The grievance of the petitioner is that they filed a petition seeking amendment of the plaint before the learned Civil Judge (Senior Division), Court No. 1, West Tripura, Agartala in T.S. 91 of 2010 for incorporating an additional paragraph as paragraph 20A and additional prayer as (iii)(a) to the relief. Schedule of the proposed amendment is usefully reproduced:

"Schedule of the amendment

(i) That, after paragraph 20 at p.8 of the plaint, a paragraph containing the following statement may be inserted:

"20A. Since the defendant has entered into an agreement for the sale of the suit land in favour of the plaintiff on 25th July, 2010 in presence of the other legal heirs, namely, Smt. Sibani Adhikari, Smt. Bhabani Basak and Smt. Seema Deb, all three are the sisters of the plaintiff and the defendant, and had received Rs. 25,000 as an advance for such agreement and since he has denied to sale the land in favour of the plaintiff, a decree in this regard is required to be passed directing the defendant to execute the sale deed, in respect of the suit l


























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