Naba Kumar Das And ANR v. Aup Kumar Nath

18.06.2025 Ct. No. 30 S.L. No. 19 SM CO 4029 of 2024 Naba Kumar Das & Anr.

Versus

Anup Kumar Nath Mr. Ramkrishna Biswas Mr. Santanu Mondal ......for the petitioners Mr. Samir Kr. Dhar .....for the respondent The Civil Revision has been preferred against an order no. 13 dated 24.06.2024 passed by the learned Civil Judge (Junior Divn.), 1st Court, Katwa in Title Suit No. 155 of 2023.

Vide the order under challenge, the learned trial Court allowed the prayer for amendment as prayed for by the plaintiff.

Being aggrieved the defendant/petitioner has preferred the Civil Revision. The copies of ordersheets in the title suit filed, show that trial in the suit had not yet commenced. From the copy of the petition under order 6 Rule 17 CPC filed by the plaintiff before the trial Court, which has been annexed to the supplementary affidavit, it appears that the amendment as prayed for is formal in nature and will not change the nature and character of the suit and the learned trial Court has rightly allowed the prayer for amendment. The next date is fixed for filing of amended plaint.

Considering the said facts and the fact that the order under challenge in accordance with law, the Civil Revision stands dismissed.

The petitioner/defendant is at liberty to file additional written statement to the amended plaint. Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

[Shampa Dutt (Paul). J]