Sri Nakul Chandra Dey vs Dhiraj Sanbui
2023 Latest Caselaw 4708 Cal

Item No. 86
03.08.2023

GB C.O. 1167 of 2022 Sri Nakul Chandra Dey Vs.

Dhiraj Sanbui

Mr. Shuvro Prakash Lahiri ... for the Petitioner.

Mr. Ayan Banerjee, Ms. Debasree Dhamali ... for the Opposite Party.

This Court does not find any need to interfere with the

order impugned dated April 6, 2022 passed by the learned

Civil Judge (Senior Division) at Chandannagore in Title

Appeal No.17 of 2020, for the following reasons:-

a) The deed of gift sought to be relied upon by

incorporating the same by an amendment in the

written statement at the appellate stage, has been

marked as an exhibit before the learned trial court.

b) A contrary plea is sought to be raised at the fag end

of the appeal, when arguments were almost

complete.

c) The appeal was finally heard out and adjourned for

delivery of judgment. The judgment is fixed for

delivery on August 11, 2023.

d) When the document was already marked as

exhibit, it is expected that the learned lower

appellate court will consider the same in its correct

perspective and in accordance with the principles

of law.

e) Moreover, it appears that the written statement

was in bengali but the schedule of amendment was

in English. The defendant wanted to incorporate a

paragraph in english in the written statement,

which was in vernacular.

f) The application for amendment does not indicate

that in spite of due diligence the facts to be

incorporated by the proposed amendment could

not be brought on record at the appropriate stage.

g) The amendment is clearly barred by the proviso to

Order 6, Rule 17 of the Code of Civil Procedure.

Accordingly, the revisional application is disposed of.

However, there will be no order as to costs.

Urgent photostat certified copy of this order, if applied

for, be given to the parties on priority basis.

(Shampa Sarkar, J.)