Calcutta High Court (Appellete Side)
Alias Nakul Chandra Maity & Ors vs Sri Adshay Kumar Bej & Ors on 1 April, 2019
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36. April 1, 2019 High Court at Calcutta Civil Revisional Jurisdiction C.O. 983 of 2019 Sri Nakul Maity alias Nakul Chandra Maity & ors.
Versus Sri Adshay Kumar Bej & ors.
Mr. Subrata Santra, ...for the petitioners.
The present challenge is directed against an order whereby the trial court refused the petitioners' prayer to file an additional written statement under Order VIII Rule 9 of the Code of Civil Procedure.
Although in the garb of Order VIII Rule 9 of the Code, the petitioners sought to amend their written statement, thereby attracting the proviso to Order VI Rule 17 of the Code and despite no sufficient explanation for the delay having apparently being furnished in the application for leave to file additional written statement, this revisional application is required to be heard on the short question as to whether the petitioners could be permitted to virtually relinquish their shares in respect of a portion of the suit property by dint of such amendment, which would not adversely 2 affect the case of the plaintiff/opposite party no. 1 in any manner whatsoever.
Accordingly, the petitioners are directed to serve a copy of this revisional application bearing C.O. 983 of 2019 on the plaintiff/opposite party no. 1, along with a notice indicating that this revisional application will appear for hearing as a "listed motion" in the monthly combined list of cases for the month of May, 2019 and to file an affidavit of service to that effect at the next hearing.
Service of this revisional application on the proforma opposite parties is dispensed with for the present.
There will be stay of all further proceedings in Title Suit No. 87 of 2014 pending before the Civil Judge (Senior Division), Second Court at Tamluk, District-Purba Medinipur, till May 24, 2019 or until further orders, whichever is earlier. dns ( Sabyasachi Bhattacharyya, J. )