BAMUNGACHI RISING CLUB Vs. SHYAMAL KUMAR GHOSH AND OTHERS
HIGH COURT OF CALCUTTA
Bamungachi Rising Club
Shyamal Kumar Ghosh And Others
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N.K. Bhattacharyya, J. -
(1.)Heard the submissions of the learned Advocate for the petitioner, Mr. Buddhadeb Ghoshal appearing with the learned Advocates Mr. Purnasish Gupta and Mr. Chinmay Mahanta and the learned Advocate for the opposite parties Nos. 1 to 12, Mr. Ramprokash Banerjee. Considered the materials on record.
(2.)By this revision under Sec. 115 of the Code of Civil Procedure, the petitioner, defendant in the suit, has challenged Order No. 114 dated 22nd Nov., 1995, passed by the learned Munsif, 4th Court, Howrah, in Title Suit No. 109 of 1988, whereby the learned Munsif rejected the petition of the defendant for striking out the amended plaint as contemplated under Order 6, Rule 18 of the Code of Civil Procedure.
(3.)The short background of the case is that the plaintiffs, opposite parties Nos. 1 to 12, instituted a suit before the court of the learned Munsif, 4th Court, Howrah, where it was registered as Title Suit No. 109 of 1988. During the pendency of the suit almost at the final stage of hearing the plaintiffs made an application for amendment of the plaint under Order 6, Rule 17 of the Code of Civil Procedure and the prayer was allowed by order No. 106 dated 24th July, 1995, permitting the plaintiffs to amend the plaint by 25th July, 1995. Admittedly within that time the plaint could not be amended but subsequently the amendment was effected. The defendant made an application in that suit for setting aside the said amendment under Order 6, Rule 18 of the Code, and that prayer was refused and the application was dismissed. Hence this revision.
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