Bishnu Shankar Chakraborty and Ors. v. Subhra Chakraborty and Ors.
Case brief
What is this about?
Article 227 challenge (CO 320 of 2025, decided 18.09.2025) against rejection of an Order 6 Rule 17 Civil Procedure Code application for amendment of written statement in Title Suit No. 83 of 2022 (Civil Judge (Jr. Division), Tehatta; impugned order dated December 29, 2024). Proposed amendment concerned a special power of attorney executed by the plaintiff in favour of defendant no. 1 during the suit's pendency, relating to non-suit plots; held unnecessary for deciding the real controversy between the parties; trial judge's rejection upheld and the application dismissed. Keywords: amendment of written statement, necessity test, real controversy, non-suit plots, special power of attorney, Suranjan Mandal, Mousumi Biswas, Hiranmay Bhattacharyya.
What did the court decide?
Because the special power of attorney allegedly executed by the plaintiff in favour of defendant no. 1 relates to non-suit plots, that fact is not necessary for the purpose of deciding the real controversy between the parties in the suit.