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Calcutta High Court

Estate Radha Kishan Jhunjhunwala vs Saha & Co on 13 November, 2018

Author: Moushumi Bhattacharya

Bench: Moushumi Bhattacharya

O-75
                                 ORDER SHEET
                                GA 1493 OF 2018
                                      WITH
                                 CS 156 OF 2017
                       IN THE HIGH COURT AT CALCUTTA
                        Ordinary Original Civil Jurisdiction
                                 ORIGINAL SIDE


                     ESTATE RADHA KISHAN JHUNJHUNWALA
                                   Versus
                                SAHA & CO.


  BEFORE:

  The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA

  Date : 13th November, 2018.



                                                                               Appearance:
                                                                 Mr. Sarosij Dasgupta, Adv.
                                                                     Ms. Sutapa Mitra, Adv.
                                                                           ...for the plaintiff

                                                                    Mr. Rishad Medora, Adv.
                                                               Mr. Soumava Mukherjee, Adv.
                                                                        ...for the respondent

The Court : This is an application for amendment of the cause title to the plaint on the ground of a typographical error having occurred while the plaint was being drafted.

The proposed amendment is to the effect that 'Estate Radha Kishan Jhunjhunwala' should be substituted with 'Ram Nath Jhunjhunwala' acting as the executor of the Estate Radha Kishan Jhunjhunwala. This appears to be innocuous application.

However, Counsel appearing for the defendant submits that by the amendment sought for, wholly a new and different plaintiff and accordingly, seeks to file an affidavit.

Let affidavit in opposition be filed within ten days from date. Affidavit-in- Reply, if any, to be filed within a week thereafter.

List this matter after three weeks under the heading "chamber Application for Final Disposal".

(MOUSHUMI BHATTACHARYA, J.) Sbghosh