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CALCUTTA HIGH COURT
Sabyasachi Bhattacharyya, J
Gita Roy Sinha – Appellant
Versus
The Collector and the others – Respondent
| Table of Content |
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| 1. court’s reasoning on the rejection of amendments and its implications. (Para 9 , 13 , 15 , 18) |
| 2. discussion on the significance and nature of proposed amendments. (Para 10 , 12) |
| 3. final decision to allow amendment and outline of procedural next steps. (Para 19 , 20 , 21) |
1. Heard learned counsel for the parties.
2. By the impugned order, two applications were decided.
3. By the latter portion of the order, an application under Section 151 of the Code of Civil Procedure (Code) filed by the principal defendant nos. 1 and 2 / opposite parties for adducing further evidence was allowed; whereas, by the earlier portion of the impugned order, an application for amendment of plaint filed by the present plaintiff / petitioner was dismissed.
4. The plaintiff/petitioner has challenged the earlier portion of the order whereby her amendment application was rejected.
5. Learned counsel appearing for the appellant submits that the learned trial Judge adopted a hyper-technical approach in dismissing the amendment application primarily on the premise that the same was filed at an advanced stage of the suit.
6. It is submitted that the amendments sought were innocuous.
7. Learned couns
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