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2020 Supreme(Gau) 12

KALYAN RAI SURANA
Abhijit Roy – Appellant
Versus
Sheuli Sarma Chakraborty – Respondent


Advocates Appeared:
For the Appellant :N. Dhar and A. Dhar, Advocates
For the Respondent:G.P. Bhowmik, Senior Advocate, B. Sarkar, S. Dey and M.H. Rajbarbhuiyan, Advocates

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. N. Dhar, learned counsel for the petitioner as well as Mr. G.P. Bhowmik, learned senior counsel assisted by Mr. S. Dey, learned counsel for the respondent No. 1 and Mr. M.H. Rajbarbhuiyan, learned counsel for respondents No. 2 and 3.

2. This revision under Article 227 of the Constitution of India is directed against the order dated 18.09.2013 passed by the learned Munsiff No. 2, Karimganj in Misc. Case No. 199/2012, in T.S. No. 115/2008, thereby allowing the application filed by the respondent No. 1 on 16.10.2012, under Order VI, Rule 17 CPC for amendment of the written statement.

3. The relevant paragraphs of the written statement wherein amendment was sought for and the nature of amendment has prayed for are quoted below in the comparative chart

Written Statement

Proposed amendment

(1) .... As a result a small part of erstwhile ejmali path might had been left out of acquisition at the sought eastern portion of the path of the earlier compact homestead and thus at the time of selling the southern most part

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