Shekhar Guha And Anr vs Shyamali Basu And Ors
2025 Latest Caselaw 2170 Cal/2

Calcutta High Court

Shekhar Guha And Anr vs Shyamali Basu And Ors on 26 August, 2025

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-6 and 10

                                                                       ORDER SHEET

                        IN THE HIGH COURT AT CALCUTTA
                      ORDINARY ORIGINAL CIVIL JURISDICTION



                                IA No. GA/1/2024
                                        In
                                  CSOS/8/2024

                            SHEKHAR GUHA AND ANR.
                                   VERSUS
                            SHYAMALI BASU AND ORS.

                                IA No. GA/3/2025
                                        In
                                  CSOS/8/2024

                            SHEKHAR GUHA AND ANR.
                                   VERSUS
                            SHYAMALI BASU AND ORS.




BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 26th August, 2025.

Appearance:

Mr. Rupak Ghosh, Adv.

Mr. Jayanta Sengupta, Adv.

Ms. Shebatee Datta, Adv.

Ms. Poulami Roy, Adv.

For the plaintiffs.

Mr. Biswanath Chatterjee, Adv.

Mr. Debdut Mukherjee, Adv.

Mr. Soham Krishna Chatterjee, Adv.

Mr. Sobhan Kumar Pathak, Adv.

For the defendants.

The Court: The defendants commence their argument objecting to

the amendment application made by the plaintiffs and in particular, the

introduction of the prayer for leave under Clause 12 of Letters Patent, 1865

by way of amendment. The defendants also referred to their application for

rejection of plaint which is prior in time to the plaintiff's amendment

application. The sum and substance of the argument is that the execution

of the trust deed within the jurisdiction of this Court does not confer a

territorial jurisdiction to this Court even in respect of an originating

summons suit to receive, try and determine the same. The lack of territorial

jurisdiction cannot be cured by amendment or by seeking leave under

Clause 12 at a subsequent stage. Several judgments have been relied upon

by the defendants in support of the contention put forth by them.

The matter is adjourned on the prayer of the plaintiffs to enable them

to consider the judgments cited by the defendants.

Let this matter appear on 3rd September, 2025.

(ARINDAM MUKHERJEE, J.)

snn.