Smt. Manik Devi Banthia And ORS. v. Md. Salim

OD-10 ORDER SHEET IA No.GA/3/2024 In CS/309/2022

IN THE HIGH COURT AT CALCUTTA

Ordinary Original Civil Jurisdiction ORIGINAL SIDE SMT. MANIK DEVI BANTHIA AND ORS.

-VsMD. SALIM

BEFORE:

The Hon'ble JUSTICE KRISHNA RAO Date : April 8, 2024.

Appearance:

Mr. Sujit Banerjee, Adv.

Mr. Nilay Sengupta, Adv.

Mr. Debajyoti Sengupta, Adv.

... for the plaintiffs Mr. Tarique Quasimuddin, Adv.

Mr. Nasir Quasimuddin, Adv.

Mrs. Zainab Tahur, Adv.

... for the defendant The Court: Mr. Sujit Banerjee, learned counsel, is appearing for the plaintiffs. Mrs. Zainab Tahur, learned counsel, is appearing for the defendant. The plaintiff has filed the present application being GA/3/2024 praying for leave to amend the cause-title of the Terms of Settlement dated 7th February, 2024 by adding the name of one Suresh Kr. Banthia as plaintiff no.2 and to correct the serial number of the other plaintiffs. Counsel for the plaintiffs submits that the suit was decreed in terms of the Terms of Settlement entered between the parties on 7th February, 2024 but in the cause-title of the Terms of Settlement, inadvertently, the name of Suresh Kr. Banthia, son of late Jethmal Banthia is left out though in the original plaint, the name of Suresh Kr. Banthia is appearing as the plaintiff

no.2. He prays for leave to add the name of Suresh Kr. Banthia as the plaintiff no.2 and to correct the serial number of the other plaintiffs. Considered the submission made by the counsel for the plaintiff. Perused the plaint.

It is found that Suresh Kr. Banthia is the plaintiff no.2 but in the cause-title of the Terms of Settlement, the name was not added. In view of the above, prayer (a) of the Master's Summons is allowed. Let this order be made part of the order dated 7th February, 2024. GA/3/2024 is disposed of.

(KRISHNA RAO, J.) RS