Calcutta High Court (Appellete Side)
Prasun Kumar Das vs Debasish Das on 25 August, 2014
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 Serial No.15 August 25, 2014.
SG CO No.2851 of 2014 Prasun Kumar Das
-versus-
Debasish Das Mr Subha Dey ... for the petitioner.
The grievance of the petitioner is misconceived that an injunction application may not be amended by virtue of Order VI Rule 17 of the Code. The petitioner insists that since Order VI Rule 17 pertains to pleadings and pleadings are confined to the plaint and written statement, an injunction application cannot be corrected or amended under such provision.
There is no need to waste time over such trite issue, particularly since the principle under Order VI Rule 17 of the Code can be invoked by virtue of Section 151 of the Code. In any event, an injunction application may be dismissed for a mistake contained therein and may subsequently be carried afresh.
Since the court below noticed that there was an error in the schedule to the injunction application and it was only such error which was sought to be removed by making the schedule to the injunction application conform to the schedule to the plaint, this present essay by the defendant appears to be a desperate attempt to avoid any adjudication on merits.
2CO No.2851 of 2014 is dismissed. The trial court is requested to dispose of the injunction application on merits as expeditiously as possible.
There will be no order as to costs.
(Sanjib Banerjee, J.)