Edward Keventer Private Limited v. Atanu Banerjee and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(Online)(Cal) 11

IN THE HIGH COURT AT CALCUTTA
, J
Edward Keventer Private Limited v. Atanu Banerjee and Others

Advocates:
For the Appellants/Petitioners: Senior Counsel
For the Respondents: Counsel

Table of Content
1. partition suit initiated citing share declarations. (Para 1 , 2 , 4)
2. application to reject plaint based on limitation. (Para 3 , 5 , 6)
3. amendment enabling broader claims linked to property ownership. (Para 10 , 12 , 13)
4. fraud as a potential bar for limitation assessments. (Para 15 , 19 , 24)
5. interconnectedness of claims for comprehensive adjudication. (Para 17 , 18)

1. The instant revisional application arises out of a suit, instituted initially for partition, for declaration that the plaintiffs had fifty per cent share in the suit property and for consequential reliefs.

2. Subsequently the plaintiffs sought an amendment, inter alia seeking to introduce a declaration that the defendant nos. 1 and 2 had no right, title or interest to transfer the entire premises no. 20, Gopal Chandra Mukherjee Road, Kolkata - 2, exceeding their 50% of share, in favour of the defendant no. 6 who had not acquired any interest more than 50% in the said property by virtue of the said deed of conveyance dated 09.11.1992, and for incorporating the corresponding facts. The said amendment was allowed by a different portion of the order than that impugned herein.

3. On the other hand,

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2019 Supreme(Online)(Cal) 11

IN THE HIGH COURT AT CALCUTTA, JEdward Keventer Private Limited v. Atanu Banerjee and Others

Cases Referred (6)

IN THE HIGH COURT AT CALCUTTA
, J
Edward Keventer Private Limited v. Atanu Banerjee and Others