Defendant in a partition suit challenged dismissal of his Order VI Rule 17 CPC amendment application, filed after commencement of trial without explaining the delay. The High Court declined to interfere under Article 227 and dismissed the revision petition.
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29 sandip Ct. 19 06.08.2024
In The High Court At Calcutta Civil Revisional Jurisdiction (Appellate Side)
C.O. 2482 of 2023 Ayub Nabi Dafadar Vs.
Smt. Basanti Biswas & Ors.
Mr. Susenjit Banik, Mr. Mrinal Saha … For the petitioner.
The defendant in a suit for partition is the petitioner in the instant application under Article 227 of the Constitution of India, which is directed against the Order No. 80 dated June 15, 2023 passed by the Court of the learned Civil Judge (Senior Division) at Ranaghat, District – Nadia, in the said suit being Title Suit No. 63 of 2010.
The learned Trial Judge by the order impugned has dismissed an application under Order VI Rule 17 of the Code of Civil Procedure filed by the petitioner inter alia on the grounds that the trial of the suit has commenced.
In the application for amendment, there is no explanation as to why such amendment was not sought for before the commencement of such trial.
The order impugned does not call for any interference, C.O. 2482 of 2023 is therefore dismissed without any order as to costs.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Biswajit Basu, J.)
1 issue framed by the court
Was the trial court justified in rejecting the defendant's application under Order VI Rule 17 CPC for amendment of the written statement after commencement of trial?
2 provisions across 2 enactments
Ayub Nabi Dafadar
Smt. Basanti Biswas
Biswajit Basu
As recorded by the court registry
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