Smti. Basanti Lall And ANR v. Shri. Sangam Lall

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/28/2026 Smt. Basanti Lall and another Vs Shri Sangam Lall Mr. Arul Prasanth ... for the petitioner Ms. Bipasha Das ... for the respondent April 28, 2026 [SR] Item No.9 1.

The scope of the present of the present revisional application is short. In a partition suit between the parties, a preliminary decree was passed, which was assailed in an appeal. The learned District Judge, while disposing of the said appeal, recorded that the judgment and decree passed by the learned Trial Judge was affirmed and partially modified to the extent that the share of respondent no. 1 (present opposite party) would be added into the share of appellant Basanti Kumari (present petitioner no.1). The learned Trial Court was directed to draw preliminary decree in terms of the prayer made by the parties.

2.

Such judgment was passed in terms of the concession given on behalf of the opposite party.

3.

Subsequently, the name of the petitioner no. 1, instead of "Basanti Lall", was found to be reflected in the records of the Trial Court as "Basanti Kumari", which error was directed by the Trial Court to be rectified in terms of the amendment prayer made by the petitioners.

4.

However, when the self-same prayer was made before the appellate court, the learned District Judge, by the impugned order, refused to grant such prayer, apparently on the ground that from the case record it appears that the name of the appellant has been mentioned in the cause title as well as in the other documents as "Basanti Kumari" and no where it has been stated that the said Basanti Kumari is also known as Basanti Lall.

5.

Learned Counsel appearing for the opposite party submits on instruction that the opposite party has no objection to the correction being effected.

6.

In any event, since the court is apprised that Basanti Kumari and Basanti Lall is the self-same person, the change of surname having occurred due to her marriage, and as a similar prayer has already been allowed by the Trial Court, this Court finds no impediment in allowing such correction. 7.

Thus, the impugned order cannot be sustained. 8.

Hence, CO/28/2026 is allowed on consent, thereby setting aside Order no.36 dated March 09, 2026 passed by the learned District Judge, Andaman and Nicobar Islands in Title Appeal No. 12 of 2018 and directing the records of the appeal to be corrected by the concerned Department of the District Court to the effect that the name "Basanti Kumari" should be corrected as "Basanti Lall". Such correction shall be carried out as expeditiously as possible, positively within a working fortnight with the date of communication of this order to the District Court.

9.

There will be no order as to costs.

10.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Sabyasachi Bhattacharyya, J.)