- (1.) A short order dated 6th November, 2013 passed in Money Suit no.20856 of 2012 by the Learned 2nd Civil Court (Senior Division) at Alipore, Dist. - South 24 Parganas is assailed in this civil revisional application.
(2.) By the said impugned Order the Learned Trial Court was pleased to allow the application filed by the defendants under Order 6 Rule 17 of the Code of Civil Procedure thereby permitting the defendants to amend the written statement in accordance with the schedule of the proposed amendment. While doing so the Learned Trial Court was pleased to observe that the plaintiff has taken no step on the date fixed, i.e. 6th November, 2013 for hearing of the petition filed by the defendant for amendment and also for preemptory hearing of the suit. On the non-appearance of the Learned Advocate for the plaintiff, the Learned Trial Court found satisfaction with the intended amendments to be incorporated in the written statement and hence allowed the amendment petition in the absence of the plaintiff.
(3.) The first point argued by Sri Mukherjee, Learned Counsel appearing for the petitioner-plaintiff is that the Learned Trial Court could not have allowed the amendment petition without affording any opportunity of hearing to the other side. In this connection he heavily relied on the judgment of the Hon'ble Apex Court in Ramrik Vallabhdas Madhram & Ors. Vs. Taraben Pravinlal Madhram, 2004 1 SCC 497. Sri Mukherjee asserts that the Hon'ble Apex Court was unexceptional in holding at para 14 of the said judgment that no amendment application can be allowed without affording an opportunity of hearing to the opposite party.;