Prasenjit Mondal vs Moumita Mondal
2023 Latest Caselaw 2026 Cal

                                               FAT 315 of 2020
Item-9.                                        CAN 2 of 2022
          27-03-2027
                                               CAN 3 of 2022
  sg
            Ct. 8
                                              Prasenjit Mondal
                                                    Versus
                                              Moumita Mondal

                             Mr. Ankit Agarwala, Adv.
                             Ms. Alothiya Mukherjee, Adv.
                             Ms. Sonal Agarwal, Adv.
                                                        ...for the appellant
                             Mr. Niladri Sekhar Ghosh, Adv.
                             Ms. Sompurna Chatterjee, Adv.
                             Mr. Sourav Mondal, Adv.
                                                        ...for the respondent

The application for amendment of the plaint and additional

evidence, at the appellate stage, are taken up together for

consideration along with the appeal.

Considering the nature of the averments made in paragraph

13 of CAN 3 of 2022 and the additional evidence attempted to be

adduced to prove infidelity and cruelty, in our view, if proved,

may result in a decree being passed in favour of the appellant. The

nature of amendment would also require addition of party. The

appellant has made specific allegations against one Uday Malik.

Under such circumstances, we dispose of the appeal by

giving an opportunity to the appellant to apply before the Trial

Court for amendment of the plaint and to bring on record evidence

in support thereof.

The Trial Court shall allow the application for amendment

as it appears that the appellant did not have the required

information at the time when the suit was filed and now the said

allegation may be relevant in deciding the suit for proper

adjudication. The respondent shall be at liberty to file additional

written statement dealing with the proposed amendment within

two weeks from the date of allowing amendment.

Insofar as the additional evidence is concerned, the Trial

Court shall decide the issue of admissibility of the said evidence

in accordance with law.

The Trial Court, on consideration of the evidence to be

adduced by the parties consequent upon the amendment to the

plaint and the fresh evidence that the parties may be at liberty to

adduce in the matrimonial proceeding, shall write the judgement

afresh being uninfluenced by the earlier judgment.

The parties shall be entitled to adduce so much of evidence

that are required in support of the additional pleadings.

The evidence already on record shall be considered along

with the fresh evidence while re-writing the judgment.

The impugned judgment is, accordingly, set aside with the

aforesaid observation.

The appeal and the connected applications are disposed of

accordingly.

Since no affidavit-in-opposition is filed, all allegations made

in the application are deemed to have been denied.

(Uday Kumar, J.)                               (Soumen Sen, J.)