Calcutta High Court (Appellete Side)
7 Mansoor Alam vs Dr. Maqsood Alam & Anr on 5 May, 2022
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
39 05.05.
2022
AGM
/RKB
C.O. 959 of 2022
Ct
07 Mansoor Alam
Vs
Dr. Maqsood Alam & Anr
Mr. Tarique Quazimuddin,
Mrs. Zainab Tahur, ... For the petitioner.
The subject matter of challenge in this revisional application is against the rejection of an amendment of written statement, filed by the petitioner/defendant.
Admittedly, this is a suit for specific performance of contract.
The defendant already filed written statement against, whom specific performance of contract was proposed.
The additional written statement was, however submitted in the Court below at the instance of the defendant disclosing therein that defendant had already gifted some undivided portion of the suit property to his sons.
Defendant at the time of adducing his evidence produced his sons as DW 2 with his affidavit-in-chief.
It is contended by the learned advocate for the petitioner that since the original defendant had already gifted his undivided share in the suit property to his sons, for the effective adjudication of the matter in controversy, the amendment of the written 2 statement of defendant/petitioner should have been allowed otherwise, there will be multiplicity of litigations.
An arguable point is thus raised, which needs to be addressed touching upon the merits of this case.
In the meantime, let there be an order directing stay of proceedings in the Court below till the end of June 2022 or until further order, whichever is earlier.
Petitioner is directed to serve the copy of application upon the opposite parties, and their learned advocate appearing in the Court below by speed post with A/D, and furnish affidavit-of-service on the next returnable date.
Matter to appear in the list under the heading 'Motion' three weeks after summer vacation.
(Subhasis Dasgupta, J)