KUHELI DUTTA Vs. PRISCON INDIA PVT. LTD.

JUDGEMENT

(1.) This revisional application has been filed challenging the order dated January 18, 2024 passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah. An application for amendment of the written statement filed by the petitioner/defendant in Title Suit No. 635 of 2018, was rejected by the learned Court.

(2.) The learned Court was of the view that the petitioner failed to show any valid reasons as to why the application for amendment of the written statement along with the counter-claim, could not have been filed earlier.

(3.) By the counter-claim, the defendant proposed to challenge the validity of a deed of sale dated November 6, 2017. The written statement was filed in the year 2018. In paragraph 2 and 6 of the plaint, the plaintiff had clearly stated about the deed of sale. The deed could have been challenged earlier, as it was within the knowledge of the defendant/petitioner. The defendant had every opportunity to file the counter-claim at the proper stage. In the opinion of the learned trial court, the proposed amendment would cause delay and injustice to the opposite party.