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2017 DIGILAW 425 (CAL)

Debjit Mukherjee v. Annapurna Developer

2017-04-27

SANJIB BANERJEE

body2017
JUDGMENT : 1. The later petition challenges an order of February 6, 2017 by which the petitioning plaintiffs’ application for amendment of the plaint has been rejected. It is not in dispute that the trial in the suit has not commenced and even the interlocutory applications have not yet been disposed of. 2. The opposite party no.5 is represented. The opposite party nos.1 to 4 and 6 and 7 are also represented. 3. According to the opposite party no.1, the petitioners herein, in the garb of an ex parte ad interim order of status quo, dispossessed the opposite party no.5 from the suit premises and came to be in possession thereof. The opposite party no.5 says that on the application of such opposite party, the possession of the opposite party no.5 was restored, whereupon the plaintiffs applied for amendment of the plaint by seeking to introduce a new relief for recovery of the possession of the suit premises. 4. The petitioners say that since the amendments were sought on the basis of events which took place subsequent to the institution of the suit, the trial court could not have rejected the application as the real issues between the parties have to be decided by the trial court and a quietus has to be given to the disputes rather than encourage future proceedings. 5. Since the petitioners now accept that pursuant to the order passed by the trial court, the opposite party no.5 is in possession of the suit premises, there may not be any impediment to the amendment application being allowed, subject to the petitioners proving the allegations incorporated by way of amendment at the trial. 6. Accordingly, CO 1041 of 2017 is disposed of by setting aside the order impugned dated February 6, 2017 passed in Title Suit No.172 of 2016 by the Civil Judge (Junior Division), 4th Court at Sealdah and by requesting the trial court to ensure that the amendment is carried out without undue delay and copies of the amended plaint are forwarded to the defendants in the suit. Each of the defendants will be entitled to four weeks from the date of receipt of the copies of the amended plaint to file their additional written statements. 7. Each of the defendants will be entitled to four weeks from the date of receipt of the copies of the amended plaint to file their additional written statements. 7. The trial court is also requested to take up the hearing of the suit as expeditiously as the business of that court would permit and dispose of the same and the pending applications without granting any adjournment to the parties. 8. In view of this order, no further order need be made on CO 3960 of 2016. 9. There will be no order as to costs. 10. Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.