Extracted from the PDF above. The PDF is authoritative.
Item-
10.
sg
03-09-2026
Ct. 6
CO 2921 of 2026
Munna Das Versus Rash Bihari Mondal & Ors.
Mr. S. Banerjee Mr. Debojyoti Koner
…for the petitioner Mr. Tarak Nath Halder
…for the opposite parties
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. 72 dated 17th June, 2026 passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah, South 24 Parganas. By the order impugned, the application filed by the opposite parties under Order VI Rule 17 of the Code of Civil Procedure for amendment of the plaint, stood allowed. The leaned advocate appearing for the petitioner submits that this Court by an order dated 21st August, 2025 passed in CO 3022 of 2025 directed the learned trial judge to consider the prayer for amendment as specifically stated in paragraphs 5 and 6 of the schedule of the application under
Order VI Rule 17 of the Code of Civil Procedure, and the learned trial judge by the order impugned has allowed the entire schedule of amendment. Mr. Halder learned advocate appearing for the opposite parties, does not dispute the fact that the Court by an earlier order only directed the learned trial judge to consider the prayer for amendment as stated in paragraphs 5 and 6 of the schedule of amendment. After going through the proposed amendment as specifically contained in paragraphs 5 and 6 of the schedule
2 of amendment, this Court finds that the facts sought to be incorporated are subsequent events and necessary for the purpose of deciding the real controversy between the parties in the suit. This Court finds that the learned trial judge instead of allowing only paragraphs 5 and 6 stated in the schedule of the amendment application, has allowed the schedule of amendment in its entirety. This Court is, therefore, inclined to modify the impugned order. This civil revisional application stands allowed in part by modifying the order dated 17th June, 2026 to the extent that the schedule of amendment as contained in paragraphs 5 and 6 only stand allowed. The opposite party shall file the amended plaint incorporating only paragraphs 5 and 6 of the schedule of the amendment application within 15 days from the date of receipt of a server copy of this order and shall serve a copy of the same to the defendant within the said time limit. The petitioner shall be at liberty to file additional written statement within a period of 15 days from the receipt of the copy of the amended plaint. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisites formalities.
(Hiranmay Bhattacharyya, J.)