KALPANA ROY Vs. ARUP KUMAR SEN & ANR
LAWS(CAL)-2019-4-49
HIGH COURT OF CALCUTTA
Decided on April 17,2019

KALPANA ROY Appellant
VERSUS
Arup Kumar Sen And Anr Respondents

JUDGEMENT

Subhasis Dasgupta, J. - (1.) The impugned order No 57 dated 21.06.2018 passed by the learned 5th Judge, Small Causes Court, Calcutta in Ejectment Suit No. 313 of 2013 allowing the amendment under Order 6 Rule 17 read with Section 151 CPC with a cost of Rs.1000/- to be paid by defendants to plaintiff is the subject matter of challenge in this revisional application under Section 227 of the Constitution of India.
(2.) Admittedly in the year 2013, petitioner/plaintiff filed a suit for ejectment taking grounds of reasonable requirement and others. The opposite parties/defendants entered appearance in such ejectment suit long before and chose to contest the suit by filing written statement.
(3.) All on a sudden, the defendants/opposite parties filed petition praying for amendment, in their written statement. The ground taken was that the landlord/plaintiff/petitioner had constructed a floor over the existing three (3) storied building, and such fact was attempted to put in the written statement filed by the defendants/opposite parties.;


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