SUSMITA MUKHERJEE Vs. DIPALI MUKHERJEE

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiff in a suit for partition and is directed against the order dated August 28, 2017 passed by the 1st Court of learned Civil Judge (Senior Division), Barasat, District. 24 Parganas(North) in Title Suit No. 5772 of 2014 old Title Suit No. 165 of 2008 whereby the learned Trial Judge has dismissed the application filed by the petitioner under Order VI Rule 17 of the Code of Civil Procedure seeking amendment of the plaint with costs holding that the amendment sought for is barred by limitation.

(2.) The petitioner by the proposed amendment sought to include in the suit a new prayer for cancellation of the sale deed being no. 1712 for the year 1985 registered at the office of ADSR, Barasat, District. 24 Parganas(North) executed by the mother of the petitioner, the defendant no. 1 of the suit in favour of one Shayamal Ghosh and also for inclusion of some new properties in the suit claiming to have interest therein which she allegedly discovered subsequently.

(3.) The learned Trial Judge has dismissed the said application for amendment holding that since plaintiff had acquired knowledge of the said deed way back in the month of April, 2006 through the written objection of the defendants to the application for injunction filed by the plaintiff in the suit, the proposed amendment being prayed in the year 2016 is barred by limitation.