Ashok Kumar Gupta vs Ishwar Chand Gupta And Ors
2026 Latest Caselaw 827 Cal/2

Calcutta High Court

Ashok Kumar Gupta vs Ishwar Chand Gupta And Ors on 11 February, 2026

Author: Arindam Mukherjee

Bench: Arindam Mukherjee

OD-14 & 15                                                     ORDER SHEET


                    IN THE HIGH COURT AT CALCUTTA
                  ORDINARY ORIGINAL CIVIL JURISDICTION
                            IA No. GA/2/2024
                                    In
                              CS/166/2024
                          ASHOK KUMAR GUPTA
                                    VS.
                     ISHWAR CHAND GUPTA AND ORS.
                            IA No. GA/4/2025
                                    In
                              CS/166/2024
                          ASHOK KUMAR GUPTA
                                    VS.
                     ISHWAR CHAND GUPTA AND ORS.

BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE

Date: 11th February, 2026 Appearance:

Mr. Nirmalya Dastupta,Adv.Mr. R.L. Mitra, Adv.

Ms. Priyanka Dhar, Adv.

For plaintiff Mr. Saumyen Datta, Adv. Mr. Tapas Singha Roy, Adv.

Ms. Dolon Dasgupta, Adv.

For defendant No.2

The Court:- This is an application by the plaintiff for amendment of

the plaint in a partition and administration suit. It is the case of the plaintiff

that in course of the hearing of the injunction application being GA/1/2024,

the defendant no.1 disclosed certain documents in the affidavit-in-opposition

which is necessitated in making this application for amendment.

It is the case of the plaintiff that the amendments are formal in

nature since it stems out of the claim and/or counter-claim made on behalf

of the defendant no.1. The defendants on the other hand say that the reliefs

sought to be included by way of amendment arises out of a long barred claim

and, as such, the amendment should not be allowed.

Responding to this, the plaintiff says that this point as to the claim

being long barred was exclusively argued before a Coordinate Bench at the

time of hearing of the injunction application being GA/1/2024. The

Coordinate Bench did not accept the submission of the defendants and had

left all these points open for being decided at the trial of the suit. The

defendants have not preferred any appeal against the order and, as such,

they are estopped from raising the same point to oppose the amendment

application. That apart, in any event the merits of the amendment are not

required to be gone into at the stage when the amendment application is

heard. The amendments as prayed for, therefore, should be allowed by

rejecting the arguments made on behalf of the defendants.

Let this matter appear in the list on 19 th February, 2026 for further

consideration when the application by the defendant no.1 for rejection of the

plaint being GA/4/2025 shall also appear.

(ARINDAM MUKHERJEE, J.)

Sb/