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S.TALAPATRA
Ashmita Saha (minor), daughter of Sri Nitai Lal Saha – Appellant
Versus
Sikha Rani Saha, wife of Sri Hari Mohan Saha – Respondent
1. Heard Mr. B.N. Majumder, learned counsel appearing for the petitioner as well as Ms. S. Deb Gupta, learned counsel appearing for the defendant-respondent.
2. This is an application under Article 227 of the Constitution of India questioning the legality of the order dated 17.04.2017, delivered in Civil Misc.38 of 2017 arising from Title Suit No.38 of 2016. The plaintiff who is, being minor, represented by her natural guardian and father Sri Nitai Lal Saha filed a petition for amendment of the plaint in the said suit, in the wake of submission of the written statement by the respondent. By the said application dated 17.02.2017, the plaintiff-petitioner sought amendment in the cause title of the plaint and some addition or substitution of pleadings. Such amendment was proposed in paras-5, 6 and 9.
3. In addition, the plaintiff-petitioner sought substitution of para-10 by adding the new pleadings. The plaintiff-petitioner has further proposed amendment of para-11 and incorporation of a new relief viz. declaration that the plaintiff-petitioner (the minor) is the owner of the suit property by virtue of the gift deed dated 17.04.2009.
4. The defendant-respondent had robu
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