Patherya, J. - (1.) Two appeals have been filed before us. One has been numbered as FMAT 415 of 2017 and this has been filed by one Kshudiram Paul against West Bengal Financial Corporation and another. Another appeal numbered as FMAT 685 of 2018 has been filed by West Bengal Financial Corporation and another against Kshudiram Paul. Both these appeals were heard and we were inclined to hear these appeals too and, therefore, were listed. On 28th August, 2018, the matter was heard and at hearing, it was informed to this Court by the advocates of the respective parties that an order had been passed by the Supreme Court of India in Civil Appeal No.6709 of 2018 on 16th July, 2018 and this is the order which is the anchor sheet of this order passed this day.
(2.) On a reading of the said order dated 16th July, 2018, we find besides costs imposed, which is not very important for us, what is important for us is that a direction was given by the Supreme Court of India by the said order that the appellant, that is, Kshudiram Paul, was to amend the plaint. As a consequence of the said permission granted, as the word used in the order is "permit", liberty was granted to the respondents/defendants to file consequential amendments in their respective written statement to the amended plaint. It will not be out of place to mention that the said appeal before the Supreme Court of India was from the order dated 18th December, 2017 and we go back to 2002 when an amendment was sought. We need not go beyond 2002 and, therefore, we restrict ourselves to 2002 when an application for amendment in Title Suit No.73 of 1996 was filed.
(3.) The said amendment was also allowed and the plaintiff in the said suit, none other but Kshudiram Paul was to amend the plaint, admittedly, within the time specified to carry out the amendment by incorporation in the plaint, no step was taken. It will also not be out of place to mention that no resort was taken to the provisions of Order VI Rule 18 of the Code of Civil Procedure. Therefore, the amendments in the plaint remained unincorporated. But this again, is not germane to the issue which is before us.;