Rohit Kumar Patra and Anr. v. Pradip Bakshi and Anr.
Case brief
What is this about?
Sequencing of amendment application (Order VI Rule 17 CPC) ahead of injunction application to avoid multiplicity of proceedings; addition of parties under Order I Rule 10 CPC allowed on respondents' concession and impleading as party defendants; injunction restraining transfer, alienation and encumbrance of suit property till disposal of temporary injunction application; ad interim injunctions granted by different Benches at different times; coordinate Bench directions dated January 16, 2025 in FMA 852 of 2024; timelines imposed on trial court (written objection within a week, amendment application within a fortnight, injunction application within a week thereafter); amended plaint within a week; merits expressly left to trial Judge; no order as to costs; High Court at Calcutta, Civil Appellate Jurisdiction, Appellate Side; heard on 22.05.2025 and 17.06.2025.
What did the court decide?
FMAT 194 of 2025 and CAN 1 of 2025 allowed; impugned order set aside; injunction granted restraining the defendants/respondents and/or their men and agents from further transferring, alienating and/or encumbering the suit property in favour of third parties till disposal of the temporary injunction application pending in the trial court; parties sought to be added directed to be impleaded as party defendants; respondents to file written objection to the amendment application within a week; trial Judge to dispose of the amendment application within a fortnight thereafter and the injunction application within a week subsequently; appellants to file amended plaint incorporating added parties within a week; no order as to costs.