Pradip Mondal v. Ashis Kumar Chakraborty and Anr.
Case brief
What is this about?
Maintainability of a second suit on the self same cause of action; first plaint (Title Suit No. 406 of 2021) averred refusal and denial of execution of a registered deed of conveyance despite absence of a specific-performance prayer; second suit Title Suit No. 575 of 2023 with near-identical averments plus alleged likelihood of dispossession held non-maintainable; appeal FMA 114 of 2025 and application CAN 1 of 2025 dismissed; Trial Court order upheld without interference; appellant at liberty to amend plaint in previous suit and seek appropriate reliefs; judges Soumen Sen and Apurba Sinha Ray; parties Pradip Monda v. Ashis Kumar Chakraborty & Anr.; date 20-08-2025 per header stamp.
What did the court decide?
No substantive relief granted; the appellant is expressly left free to take appropriate steps in accordance with law, including amendment of the plaint filed in the previous suit and seeking appropriate reliefs.