Dipen Bera and Ors. v. Punyalata Mishra and Ors.
Case brief
What is this about?
Calcutta High Court, Civil Revisional Jurisdiction, C.O. 1769 of 2024, Biswajit Basu, J., decision 08.08.2024. Article 227 Constitution of India revision by defendant nos.3 to 6 (Dipen Bera & Ors.) against Civil Judge (Junior Division) Dantan, Paschim Medinipur Order No.16 dated 19.12.2023 allowing plaintiffs' (Punyalata Mishra & Ors.) Order VI Rule 17 CPC amendment of plaint in Title Suit No. 112 of 2022 (declaration and injunction suit). Court below allowed amendment with costs despite earlier availability; chain of title over suit property irrelevant to allowability. This Court: amendments necessary for effective adjudication of title-declaration suit; no interference warranted; dismissed without costs; additional written statement time extended two weeks. Keywords: amendment of plaint, Order VI Rule 17, Article 227, costs, timing of amendment, declaration of title, chain of title.