Sri Rupendu Sekhar Chandra v. Smt. Sharmistha Chandra (Nee Gupta)

M/L 10 02.7.2024 Court No.19 SD

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION CO 311 of 2024 Sri Rupendu Sekhar Chandra Vs.

Smt. Sharmistha Chandra (nee Gupta) Mr. Subhojit Saha ... for the Petitioner.

Affidavit of service filed on behalf of the petitioner be kept with the record.

None appears on behalf of the opposite party in spite of service.

The instant application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for eviction of licensee which is directed the order dated March 22, 2023 passed by the 5th Court of learned Civil Judge (Junior Division) at Alipore, District: 24 Parganas (South) in the said suit being Title Suit No.1574 of 2017.

The learned Trial Judge, by the order impugned, has allowed the prayer of the defendant, the opposite party herein to amend the written statement to include the prayer for declaration of ownership over the suit property by way of counter-claim.

It appears from the record that such prayer of the defendant was once refused by the learned Trial Judge vide order dated January 22, 2019. That apart, the witness action in the suit has started; at this stage, the prayer of

the defendant for amendment of written statement to include counter-claim clearly offends not only the provision of Order VIII Rule 6A of the Code of Civil Procedure but also the restrictions of the proviso appended to the Order VI Rule 17 thereof.

The order impugned therefore suffers from patent jurisdictional error; as such, is not sustainable, and is accordingly set aside.

CO 311 of 2024 is thus allowed without any order as to costs.

The learned Trial Judge is requested to expedite the disposal of the suit, and in doing so shall not allow the prayer of the parties for any unnecessary adjournment. Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

(Biswajit Basu, J.)