Dolly Chatterjee @ Dali Chatterjee @ Doli Chatterjee And ORS. v. Aninda Banerjee And ANR

sandip Ct. 19 18.09.2024 In The High Court At Calcutta Civil Revisional Jurisdiction C.O. 3296 of 2024 Dolly Chatterjee alias Dali Chatterjee alias Doli Chatterjee & Ors.

Vs.

Aninda Banerjee & Anr.

Mr. Sukanta Chakraborty, Mr. Anindya Halder ...For the petitioners. Ms. Ritoprita Ghosh ... For the opposite parties. The defendants in a suit for declaration of title and injunction are the petitioners of the instant application under Article 227 of the Constitution of India which is directed against order No. 168 dated August 20, 2024 passed by the Additional Court of learned Civil Judge, (Junior Division) at Serampore, District: Hooghly, in the said suit being Title Suit No. 103 of 2015. The defendants are contesting the said suit with a counter claim and have filed an application for amendment of their written statement at the stage of cross-examination of their witness.

The learned Trial Judge, considering the said stage of the suit, by the order impugned, has dismissed the said application. In view of the restriction contemplated under the proviso appended to Order VI Rule 17 of the Code of Civil Procedure for brining the amendment in the pleadings after commencement of trial of the suit, this Court is not inclined to interfere with the order impugned.

C.O. 3296 of 2024 is thus 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.)