Bishnu Shankar Chakraborty and Anr. v. Subhra Chakraborty and Ors.
Civil Procedure Code, Order 6 Rule 17 – Amendment of written statement – Necessity test
Case brief
What is this about?
Keywords: Article 227 Constitution of India; Order 6 Rule 17 Civil Procedure Code; amendment of written statement; rejection of amendment upheld; special power of attorney; non-suit plots; fact not necessary for deciding real controversy; Title Suit No. 82 of 2022; Civil Judge (Jr. Division), Tehatta; order dated December 29, 2024; CO 319 of 2025; dismissed; Hiranmay Bhattacharyya, J.; decision date 18.09.2025. Use when advising on the necessity criterion for allowing amendments to pleadings where proposed additions concern property outside the suit schedule.
What did the court decide?
The special power of attorney is alleged to relate only to non-suit plots; therefore, the fact sought to be incorporated by amendment is not necessary for the purpose of deciding the real controversy between the parties in the suit. ¶15