SARDARMULL KANKARIA Vs. KOLKATA IMPROVEMENT TRUST

JUDGEMENT

(1.) This is an application under Order VI Rule 17 of the Code of Civil Procedure filed on behalf of the defendant, praying for incorporating certain amendments in the Written Statement filed earlier.

(2.) The background of the matter is that the suit was earlier decreed ex parte in favour of the plaintiff. Appeal against the ex parte decree was preferred. The same was allowed by a Division Bench on 19th November, 2013 with certain directions upon the defendant/appellant. It was directed to pay costs of Rs.50,000/ - as a condition precedent within a week and to file its Written Statement within a fortnight from the date of order. The necessary compliances were done. The original Written Statement was filed on 29th November, 2013.

(3.) The matter, however, came up under the heading 'Hearing' on the basis of an order passed by Brother Arijit Banerjee, J. on 9th September, 2015. The date of hearing was 6th of October, 2015 but on that day the proceedings were deferred on prayer of the defendant to 16th October, 2015. Subsequently the instant application for seeking amendment was filed on 19th November, 2015.