Dr. Rammanohar Lohia Adarsha Shiksha Niketan Rep By The Secretary Paritosh Kumar Das v. Kandarpaur Sukhada Smriti Pathagar Rep. By Parameshwar Giri

30.08.2024 (D/L-16) Ct.-19 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CIVIL REVISIONAL JURISDICTION C.O. 3054 of 2024 Dr. Rammanohar Lohia Adarsha Shiksha Niketan -Vs- Kandarpapur Sukhada Smriti Pathagar Mr. Soumen Kumar Dutta, Mr. Subham Dutta, Mr. Sk. Sayan Uddin, ... For the Petitioner.

The plaintiff in a suit for declaration of title and injunction is the petitioner of the instant application under Article 227 of the Constitution of India which is directed against order No.19 dated July 10, 2024 passed by the 2nd Additional Court of learned Civil Judge (Junior Division), Contai, District: Purba Medinipur, in said suit being Title Suit No. 246 of 2022.

The learned Trial Judge by the order impugned has dismissed an application for amendment of the plaint on the ground that the trial of the suit has commenced.

On perusal of the application for amendment it appears that no explanation as required under the proviso appended to Order VI Rule 17 of the Code of Civil Procedure has been offered.

In view of such, the order impugned does not call for any interference.

C.O. 3054 of 2024 is dismissed without any order as to costs.

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 with all requisite formalities.

(Biswajit Basu, J.)