LAWS(CAL)-2018-9-20

SUBJIT MUKHERJEE Vs. IRANI CHAKRABORTY AND OTHERS

Decided On September 05, 2018
Subjit Mukherjee Appellant
V/S
Irani Chakraborty And Others Respondents

JUDGEMENT

(1.) The present revisional application has been preferred by the plaintiff in a partition suit, against an order whereby the Trial Court allowed on contest an application filed by the defendant/opposite party no. 1 for expunging the plaintiff's claim relating to one of the properties mentioned in the schedule of the plaint, being Premises No. 2/A (2-A), Kedarnath Mukherjee Lane, P.S.-Shibpur, District-Howrah.

(2.) It was alleged by the defendant/opposite party no. 1 that the plaintiff falsely included the said property in the plaint schedule. The property, it was alleged by the opposite party no. 1, was not a joint property between the parties but belonged absolutely to the defendant nos. 1 and

(3.) Learned counsel for the petitioner argues that it was premature to expunge the said component from the suit property at such an early juncture, since such allegation of the opposite party no. 1 could at best be decided at the trial of the suit, upon permitting both sides to lead evidence on the said issue and upon a proper adjudication on the same. Since the facts as alleged now by opposite party no. 1 do not find place in the plaint itself, at this stage the said property could not be culled out from the hotchpot of the suit and expunged.