OSHIM REZA ALIAS WASIM REZA AND ANOTHER v. MAIDUL ISLAM
CO/2624/2026 · 2026-08-14
Hiranmay Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35547 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35547 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
D/L- 45 14/08/2026 Ct. No.- 6 Aritra C.O. 2624 of 2026
Oshim Reza alias Wasim Reza & Anr. Vs. Maidul Islam
Mr. Sarbananda Sanyal Ms. Poulami Chakraborty Mr. Samrat Chakraborty Mr. Saikat Gayan ….for the petitioners
This application under Article 227 of the Constitution of India is at the instance of the preemptor and is directed against an order dated May 11, 2026 passed by the learned Civil Judge (Jr. Div.), Additional Court at Jangipur, District-Murshidabad in L.R. Case No.13 of
2023. By the order impugned the application for amendment of the preemption application stood rejected. Mr. Sanyal, learned advocate appearing for the petitioners submits that the petitioners sought to introduce the fact that there were other co-sharers in the plot in question and the entire share in the suit plot was not transferred to the preemptee. Record reveals that the application for amendment was filed after the evidence was concluded and at the stage of argument. The proviso to Order VI Rule 17 of the Code of Civil Procedure stands attracted to the case on hand. The petitioner has not given any satisfactory explanation as to why the proposed amendment was not filed prior to the commencement of trial. That apart, the proposed
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amendments are not necessary for the purpose of deciding the real controversies between the parties. Petitioners sought to make out a new case by way of amendment after the evidence have been adduced by the parties. The learned trial judge assigned cogent reasoned for rejecting the prayer for amendment. For such reason, this Court is not inclined to interfere with such order. Accordingly, CO 2624 of 2026 stands disposed of. There will be no order as to costs. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Hiranmay Bhattacharyya, J.)