SAILABALA DASSI Vs. SAMBHUNATH BARIK

JUDGEMENT

(1.) This is an application for the amendment of the plaint in an Administration Suit. The Suit was filed in 1965 and the written statement was filed sometime in December, 1965. In paragraphs 14, 15, 19, 29 of the plaint and in Annexure 'C' thereto it was pleaded in substance that the properties being premises Nos. 84 Bidhan Saranee and 8 and 12 Chittaranjan Avenue were purchased from out of the funds of the estate.

(2.) In the written statement such allegations were denied and in substance the defendant Sachindra Nath Barik stated therein that the properties being premises Nos. 8 and 12 Chittaranjan Avenue, Calcutta on which a cinema house was built, solely belonged to him and he was in possession thereof all throughout and the same did not form part of the estate of the deceased.

(3.) The plaintiff did not take any step to amend, her plaint so long but after her evidence had been taken on commission she had been advised to have the plaint amended to include a prayer for a declaration that the said two properties being premises Nos. 84 Bidhan Sarani and 8 and 12 Chittaranjan Avenue. Calcutta, belonged to and formed part of the estate of Kalipada Barik, deceased. In support of that prayer the plaintiff now seeks to introduce by amendment the averments made in paragraphs 19-A and 19-B of the draft plaint annexed to the petition by alleging, inter alia, that the said properties were acquired with the funds of the said estate although in the benami name of the defendant and/or any of the defendants and that the said Sachindra Nath Barik denies and is interested in denying that the said properties belonged to and formed part of the estate of the said Kalipada Barik, deceased. On that basis the amendment application has been made.