Sl.34 19.08.2026 Court No.6 BP C.O. 2763 of 2026 Krishna Saha -versus- Piu Rani Saha & Ors. Mr. Debajyoti Basu, Sr. Advocate Mr. Diptomoy Talukdar Mr. Shankar Ranjan Sen ..for the petitioner This application under Article 227 of the Constitution of India is at the instance of the defendant and is directed against an order being no. 25 dated 8th July, 2026 passed by the learned Civil Judge (Junior Division), 1st Court at Barrackpore, 24 Parganas (North) in Title Suit No. 242 of 2019. By the order impugned the application under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment of the written statement stood rejected. Mr. Basu, learned senior advocate appearing for the petitioner submits that the petitioner sought to introduce certain facts which are necessary for the purpose of deciding the real controversy between the parties in the said suit. He submits that subsequent to the filing of the instant suit for declaration of title and permanent injunction the petitioner has filed a suit for partition and such facts are necessary for the purpose of deciding the 2 instant suit. He further submits that the petitioner sought to elucidate the facts, the foundation of which is already there in the written statement. After going through the application for amendment of the written statement this Court finds that the petitioner sought to bring on record certain new facts relating to the matrimonial dispute between the parties. The learned trial judge was right in holding that the details of matrimonial acrimony are not necessary for deciding the real controversy between the parties in the instant suit which is a suit for declaration of title and permanent injunction. That apart this Court finds that by way of amendment the petitioner sought to delete some statements made in the original written statement and to replace the same with certain new facts. Petitioner attempted to withdraw the admission made by the defendant in the written statement which is not permissible in law. That apart, the petitioner also sought to make out a new case by way of incorporation of an additional paragraph in the written statement. Amendment of pleading by way of making out a new case cannot be allowed. For all the reasons as aforesaid, this Court is not inclined to interfere with the order impugned in exercise of powers under Article 227 of the Constitution of India. C.O. 2763 of 2026 stands disposed of with the aforesaid observations. 3 There shall be, however, no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Hiranmay Bhattacharyya, J.)