KAMALA BALA BISWAS Vs. KALACHAND SARKAR
HIGH COURT OF CALCUTTA
KAMALA BALA BISWAS
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(1.)This Revisional Petition is directed against Order No. 10 dated 18-3-1994 Passed by the Asstt. District Judge, Ranaghat in Title Appeal No. 50 of 1993 which arised of Title Suit No. 8 of 1992 of the Court of Additional Munsif, Ranaghat. By this impugned Order, the Plaintiff / Appellant's prayer for amendment of the plaint at the stage of the Appeal was rejected.
(2.)The Petitioner before this Court, being the Plaintiff/ Appellant, had brought a Suit for eviction of the Defendant / O.P. on the ground of default in payment of rent as also on the ground of reasonable requirement of the suit premises. The Suit, however, failed on both the counts and, accordingly, there was an Order of dismissal of the Suit as per judgment passed on March 30, 1993 by the trial Court. Thereupon, there was an Appeal filed against the judgment and the decree passed by the trial Court. During the course of the Appeal, the Plaintiff/ Appellant filed a Petition dated January 19, 1994 under Order 6, Rule 17 of the C.P.C. praying to amend the Plaint by deleting one or the other paragraphs of original Plaint and substituting those with some additional paragraphs therein by way of amendment. At this juncture, it may first be pointed out that as per the case pleaded in the Original Plaint, the Plaintiff/ Appellant had contended that the Suit premises was a part and parcel of her residential building and that she required the Suit premises for residential purpose in as much as the accommodation already available to her was not sufficient as per her reasonable requirement which existed at the time of the institution of the suit. By virtue of the amendment as sought for, the main thrust of the pleading has been shifted from the requirement of residential purpose to that of suitable accommodation for a Primary School being run by her grandson. The family set-up of the Plaintiff is also sought to be altered by the proposed amendment.
(3.)The amendment as sought for by the Plaintiff/ Appellant was vehemently objected to on behalf of the Defendant / O. P. mainly on the ground that the proposed amendments would change the nature of the Suit with certain new facts which, if allowed, would cause serious injustice to the defence and further that the delay occurred in the alleged amendment has not been properly explained by the Plaintiff/ Appellant.
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