WELCOME CONSTRUCTION Vs. STARCON & ORS

JUDGEMENT

(1.) Heard Mr. Gopal Chandra Ghosh, learned Advocate representing the petitioner and Mr. Kanak Kiran Bandopadhyay, learned Advocate representing the opposite party Nos. 2 and 3.

(2.) The revisional application has been directed assailing order dated March 09, 2016 passed by the learned Small Causes Court at Sealdah in Title Suit No. 108 of 2015 (R-5/2016) (M/s. Welcome Construction Vs. M/s. Starcon & Ors.).

(3.) Mr. Ghosh vehemently criticised the order impugned by which the learned Trial Court rejected the application under Order 6 Rule 17 of the Code of Civil Procedure filed on April 05, 2016 by the petitioner/plaintiff. He submitted that the paragraphs (a) to (r) as mentioned in the impugned application were allegedly relating to disclosure of all subsequent events including admission of the opposite party Nos. 2 and 3 which require incorporation in the plaint by way of amendment for proper adjudication of the suit. Mr. Ghosh further submitted that the learned Trial Court rejected the said amendment application on the wrong perception that since the issues were framed so trial was commenced and accordingly the amendment should be rejected. Asserting on the legal perception on which this Court also has no reservation that framing of issues does not mean commencement of trial in real sense rather it can be deemed as preparatory stage before going for trial.