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Shampa Sarkar, J
Sri Swarna Kamal Jana – Appellant
Versus
Sri Tapan Kumar Maity – Respondent
| Table of Content |
|---|
| 1. application for amendment in preemption case dismissed. (Para 1 , 2) |
| 2. arguments for jurisdiction and title adjudication explored. (Para 3 , 4 , 5) |
| 3. facts related to parties' claims and jurisdictional issues. (Para 8 , 11 , 17) |
| 4. discussion on legal framework surrounding preemption rights. (Para 12 , 15 , 18) |
| 5. final ruling on jurisdiction scope and amendment relevance. (Para 26 , 27 , 31 , 37) |
1. The revisional application arises out of an order dated January 18, 2024, passed by the learned Civil Judge, (Junior Division), Haldia, Purba Medinipur, in J. Misc. (Preemption) Case No.24 of 2020.
2. By the order impugned, the learned court rejected an application for amendment of the pre-emption application on the ground that such amendment would change the nature and character of the proceeding. The court was only deciding a pre-emption case and could not decide title. By the amendment, the petitioner was introducing a controversy with regard to the title of the vendor, in respect of the property sold to the opposite party/pre-emptee.
3. Mr. Asish Chandra Bagchi, learned Advocate appearing on behalf of the pre-emptor/petitioner submitted that an app
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