Extracted from the PDF above. The PDF is authoritative.
D/L- 8 01/09/2026 Ct. No.- 6 Aritra C.O. 2711 of 2025
Ramdas Kesh & Ors. Vs. Ramhari Kesh
Mr. Uday Sankar Chattopadhyay Mr. Debdipto Banerjee Mr. Soumen Banerjee ….for the petitioners
Mr. Debjit Mukherjee Ms. Susmita Chatterjee Ms. Dipanwita Ganguly ….for the opposite party
Though this matter is appearing under the heading
“Extension of Interim Order” but with the consent of the respective parties the main civil revisional application is taken up for final hearing by treating the same as on the day’s list. This application under Article 227 of the Constitution of India is at the instance of the defendants and is directed against an order being no.26 dated June 4, 2025 passed by the learned Civil Judge (Sr. Div.), 2nd Additional Court at Purba Burdwan in Title Suit No.135 of 2021. By the order impugned the application under Order VI Rule 17 of the Code of Civil Procedure praying for amendment of the plaint stood allowed. The learned advocate appearing for the petitioner submits that the plaintiff/opposite party sought to include a time barred claim by way of amendment. Heard Mr. Mukherjee, learned advocate for the opposite party. After going through the order impugned this Court finds that the learned trial judge allowed the prayer for
2
amendment of the plaint by a totally non-speaking order. Only for such reason, this Court is inclined to interfere with the order impugned. Accordingly, the order dated June 4, 2025 passed by the learned Civil Judge (Sr. Div.), 2nd Additional Court at Purba Burdwan is set aside. The application under Order VI Rule 17 of the Code of Civil Procedure dated November 6, 2024 filed by the plaintiff/opposite party stands restored to the file of the learned Civil Judge (Sr. Div.), 2nd Additional Court at Purba Burdwan. The learned trial judge is requested to fix a date of hearing of the amendment application and dispose of the same by passing a reasoned order as expeditiously as possible after affording an opportunity of hearing to the respective parties. It is, however, made clear that this Court has not entered into the merits of the claim and counter-claim of the respective parties with regard to the prayer for amendment of plaint and the learned trial judge shall be free to decide the application being uninfluenced by any of the observations contained in this order. Accordingly, CO 2711 of 2025 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.)