SHRIMATI ARCHANA DAS Vs. SUBRATA DAWN

JUDGEMENT

(1.) This revisional application being C.O. 935 of 2021 is directed against the order dated 23rd February, 2021, passed in Title Suit No. 157 of 2007, by learned Civil Judge (Senior Division) at Sealdah rejecting the amendment petition, filed by the petitioners/plaintiffs, is the subject of challenge in this revisional application.

(2.) The question thus raised by Mr. Mahato is that learned court below had acted with material irregularity in rejecting the prayer for amendment without truly appreciating the proviso contained in Order VI Rule 17 C.P.C., that the petitioner in spite of due diligence could not have raised the matter before commencement of the trial.

(3.) It was at the stage of argument, defendant no. 2 sought for amendment of written statement seeking to incorporate certain properties for being brought to hotchpot of the present suit without the consent and permission of the other defendants, with whom defendant no. 2 jointly contested the suit.