Calcutta High Court (Appellete Side)
Shalaha Bewa vs Azan Bewa on 7 May, 2015
Author: Harish Tandon
Bench: Harish Tandon
1 25 07.05 C.O. 1545 of 2015 AGM 2015 Shalaha Bewa Versus Azan Bewa Mr. Rwitendra Banerjee, Mr. Sibasis Chatterjee, .... For the petitioner.
The application for amendment of the plaint came to be filed at the stage of argument seeking to incorporate the factum relating to the institution of the Title Suit No. 130 of 2009 by the defendant/petitioner which ultimately resulted into dismissal for default.
The petitioner says that there is no explanation given in the application for amendment as to why the said application cannot be taken out before the commencement of the argument.
The petitioner is directed to serve a copy of this revisional application upon the opposite parties by Speed Post as well as upon the learned advocate representing him in the trial Court and shall file affidavit-of-service on the next date.
There shall be stay of all further proceedings in Title Suit No. 99 of 2007 pending before the learned Civil Judge (Jr. Division), (Additional) at Lalbagh till four weeks following the Summer Vacation or until further order 2 whichever is earlier.
Let this revisional application appear two weeks after the Summer Vacation under the heading 'Listed Motion' in the supplementary list.
( Harish Tandon, J.)