Calcutta High Court (Appellete Side)
Uni System Private Limited vs Arun Kumar Dalmia on 12 May, 2023
1
IN THE HIGH COURT AT CALCUTTA
(Civil Revisional Jurisdiction)
Appellate Side
Present:
The Hon'ble Justice Bibhas Ranjan De
C.O. 171 of 2023
Uni System Private Limited
Vs.
Arun Kumar Dalmia
For the Petitioner :Mr. Shyamal Chakraborty, Adv.
Ms. Shefalica Bhattacharya, Adv.
Ms. Manju Agarwal, Adv.
For the Opposite party :Mr. Krishna Das Poddar, Adv.
Heard on : May 08, 2023
Judgment on : May 12, 2023
Bibhas Ranjan De, J.
1. This revision application has been filed challenging the order
no. 89 dated 15.11.2022 in connection with Ejectment Suit
No. 356 of 2012 passed by Learned Judge, Bench II,
Presidency Small Cause Court, Calcutta.
2. Learned Judge accepted the amended plaint filed by the
plaintiff on 8th July 2019.
3. Learned advocate Mr. Shyamal Chakraborty, appearing on
behalf of the petitioner/defendant has submitted that on
17.04.2019 one amendment application under Order 6 Rule
17 of the Civil Procedure Code has been filed by the opposite
party/ plaintiff. It is further submitted that on successive
occasions plaintiff filed incorrect amended plaint that too in
violation of statutory period under Order 6 Rule 17 of the Civil
Procedure Code. Ultimately, plaintiff filed 3rd amended plaint
on. 08.07.2019 without serving any copy thereof upon the
petitioner/defendant. Said amended plaint was again rejected
by the Learned Trial Judge giving liberty to filed fresh
amended plaint imposing costs of Rs. 1000/-.
Petitioner/defendant challenged the Order dated 8th July,
2019 by filing a Civil Revision being no. Co 2863 of 2019
before this Court and that was disposed of 16.08.2021 giving
an ultimate liberty to the opposite party/plaintiff to take out
an application for condonation of delay in filing the amended
plaint within a fortnight from the date of communication of the
order to the opposite party/plaintiff Hon'ble Court also
directed all parties and court below to act upon the aforesaid
communication by the learned advocate for the
petitioner/defendant, accompanied by server copy of the order.
4. According to Mr. Chatterjee the order was communicated to
the opposite party/plaintiff vide letter dated 19.08.2021which
was delivered on 23.08.2021. But, application for condonation
of delay was filed on 18.01.2022 pursuant to the order passed
in C.O. 2863 of 2019 i.e. after gap of 4 month 11 days and
that too without explaining any reason of delay. The said
application was allowed by the order impugned.
5. Learned advocate, Mr. Krishna Das Poddar, appearing on
behalf of the opposite party/defendant relied on the order
passed by the Hon'ble Apex Court in Suo Motu Writ Petition
(C) No. 3 of 2020 wherein Hon'ble Apex Court observed:-
"In cases where the limitation would have expired during the
period between 15.03.2020 till 28.02.2022.
notwhithstanding the actual balance period of limitation
remaining, all persons shall have a limitation period of 90
days from 01.03.2022. In the event the actual balance period
of limitation remaining. With effect from 01.03.2022 is
greater than 90 days, that longer period shall apply."
6. Only question before this Court whether the order passed by
the Hon'ble co-ordinate Bench on 16.08.2021 was complied
with by the opposite party/plaintiff in filing application of
condonation of delay.
7. From the order passed in Suo Motu Writ Petition (C) No. 3 of
2020, I find that Hon'ble Apex Court excluded the period of
limitation from 15.03.2020 till 28.02.2022. From that point of
view I do not find any infirmity or illegality in accepting the
amended plaint by the order impugned. While delay was
explained to the effect suffering from various elements.
8. With the aforesaid observation the instant revision application
being no. C.O. 171 of 2023 stands dismissed.
9. All parties to this revisional application shall act on the server
copy of this order downloaded from the official website of this
Court.
10. Urgent Photostat certified copy of this order, if applied
for, be supplied to the parties upon compliance with all
requisite formalities.
[BIBHAS RANJAN DE, J.]
