Pritam Kundu and Anr. v. Tapati Mukherjee
Case brief
What is this about?
In a Civil Revisional jurisdiction petition under Article 227, the High Court refused interference. It held that in a partition suit, details of expenses incurred by a co-sharer for joint property maintenance are relevant at the final decree stage, justifying the amendment.
What the court decided
10.09.2024 Item No.16 DL Ct.19
Item No.16 DL
A.J. IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION
C.O. 3126 of 2024
Sri Pritam Kundu & Anr. –Vs–
Smt. Tapati Mukherjee
Mr. Partha Pratim Roy (V.C.), Mr. Soumyadeb Sinha, Mr. Abhishek Roy. ……for the petitioners.
The plaintiff nos.1 and 2 in a suit for partition are the petitioners of the instant application under Article 227 of the Constitution of India.
The said suit being Title Suit No.702 of 2018 is pending before the 10th Court of the learned Civil Judge (Senior Division) at Alipore, District : 24-Parganas (South).
The learned Trial Judge by the order dated July 04, 2024 has allowed the application filed by the defendant for amendment of the written statement.
The defendant in the written statement, has alleged that she has spent some money to maintain the joint property, and has detailed her such expenses in a schedule appended to the written statement. The said defendant by the proposed amendment, has incorporated more details of her such expenditure in the said schedule.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the allowance of an amendment to include expenditure details in a defendant's written statement in a partition suit.
Whether expenses incurred by a co-sharer to maintain joint property are relevant at the stage of final decree proceedings in a partition suit.
Parties & counsel
- petitioner
Sri Pritam Kundu & Anr.
- respondent
Smt. Tapati Mukherjee
Coram
Biswajit Basu
Case details
As recorded by the court registry
- Court
- Calcutta HC
- Decided on
- · September
- Registered
- Case no.
- CO/3126/2024
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