Allowed¶18

Debasree Das v. Niranjan Ram

Calcutta HC22 May 2025CO/3784/2023

Case brief

AI extract

What is this about?

Debasree Das v. Niranjan Ram; amendment of pleadings; Order 6 Rule 17 CPC; subsequent events; change of nature and character of suit; transfer of electric metre; change of mailing address; RTI information; change of classification/character of land; costs Rs.2,000; Title Suit No.1452 of 2021; Civil Judge (JD), Alipore, South 24 Parganas; coordinate Bench admission observations; Dinesh Kumar Sharma, J.; decided 22.05.2025.

What did the court decide?

Petition allowed; amendment application dated 30th May, 2023 under Order 6 Rule 17 CPC allowed; amended plaint to be filed before the learned Trial Court; defendant/opposite party at liberty to take all objections and file written statement; Trial Court directed to expedite the matter in accordance with law. ¶18

Debasree Das Vs Niranjan Ram — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the plaintiff/petitioner's amendment application dated 30th May, 2023 under Order 6 Rule 17 of the Code of Civil Procedure in Title Suit No.1452 of 2021 should be allowed, i.e., whether the proposed amendments (transfer of electric metre, change of mailing address, RTI information, change of character/classification of land) change the nature and character of the suit.

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Court's answer

The view expressed by the coordinate Bench of this Court at the time of admission of the revision petition cannot be varied.

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Ratio / Principle

The amendments sought do not amount to a change of the nature and character of the suit, nor do they take away the benefit accrued to the opposite party; accordingly the amendment application dated 30th May, 2023 is allowed, subject to the plaintiff/petitioner bearing costs of Rs.2000/- payable to the opposite party/defendant, who remains at liberty to take all objections and file the written statement.

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Detailed headnote1 paragraphs

Revision (CO 3784 of 2023, decided 22.05.2025) against the order dated 31.08.2023 of the Civil Judge (Junior Division), 3rd Additional Court, Alipore, South 24 Parganas, rejecting the plaintiff's amendment application dated 30.05.2023 under Order 6 Rule 17 of the Code of Civil Procedure in Title Suit No.1452 of 2021 (suit for declaration and permanent injunction; plaintiff pleaded the defendant is a stranger). The proposed amendments sought to bring on record subsequent events: alleged transfer of electric metre, change of mailing address, information received under the Right to Information Act, and change of character/classification of land. Held: the view expressed by the coordinate Bench at admission (order dated 27.03.2024, which found the impugned order unreasoned) cannot be varied; the amendments neither change the nature and character of the suit nor take away benefits accrued to the opposite party. Petition allowed subject to costs of Rs.2,000/- payable by the petitioner to the opposite party; amended plaint to be filed; opposite party free to take objections and file written statement; Trial Court to expedite.

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22.05.2025

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Court No.652 Sl. No.11 Mujahid

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CO 3784 of 2023

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Smt. Debasree Das Vs. Sri Niranjan Ram

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Mr. Sarajit Sen,

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Mr. Tapas Singha Roy, Mr. Parag Mitra

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…for the petitioner

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Mr. Bratin Kumar Dey

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…for the opposite party

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Present petition has been filed challenging the impugned order dated 31^st August, 2023 whereby the learned Civil Judge (Junior Division), 3^rd Additional Court, Alipore, South 24 Parganas, rejected the application of the plaintiff/petitioner dated 30^th May, 2023 under Order 6 Rule 17 of the Code of Civil Procedure in Title Suit No.1452 of 2021. Learned Trial Court vide a very brief order rejected the application on the ground that it will change the basic nature and character of the instant suit property.

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Briefly stated, the plaintiff had filed a suit for declaration and permanent injunction. The plea of the plaintiff is that the defendant/opposite party is a stranger.

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The plaintiff/petitioner, by way of amendment incorporated certain facts as mentioned in the schedule regarding the alleged transfer of electric metre, change of mailing address, information received under RTI and averment as to change of character of land from one place to another.

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Learned counsel for the opposite party has vehemently refuted the averments made in the petition and has submitted that the learned Trial Court has rightly dismissed the amendment application. Learned counsel submits that if the amendments are allowed it will change the nature and character of the suit. The law regarding amendment of pleading is very well settled the courts have consistently taken a view that while considering the amendments the court should take a liberal view except in the cases where the proposed amendment will change the nature and character of the suit, or it takes away the benefits/advantage accrued to the other party in case the amendment is allowed. If there is any prejudice to the other party that can always be compensated by costs.

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It is pertinent to mention here that the coordinate Bench of this Court at the time of admission of the revision petition vide order dated 27^th March, 2024, inter alia, observed that prima facie the plaintiff merely wanted to bring on record,

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some subsequent events with regard to the transfer of the electric metre, change in the classification of land, an information received under the Right to Information Act. It was further inter alia observed that the impugned order is unreasoned.

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The court considers that the view expressed by the coordinate Bench of this court at the time of admission cannot be varied. The amendment sought for do not amount to the change of the nature and character of the suit or taking away the benefit accrued to the opposite party. However, in order to balance the interest the plaintiff/petitioner is burdened with cost of Rs.2000/- to be paid to the opposite party/defendant. In view of the discussion the present petition is allowed. The amendment petition dated 30^th May, 2023 is allowed. Let the amended plaint be filed before the learned Trial Court. The defendant/opposite party shall be at liberty to take all objections and file the written statement.

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Accordingly, the petition stands disposed of. Learned Trial Court shall expedite the matter in accordance with law.

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All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Dinesh Kumar Sharma, J.)

Debasree Das v. Niranjan Ram

Case brief

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Debasree Das v. Niranjan Ram

Case brief

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