Calcutta High Court (Appellete Side)
Pronab Pal vs Tapan Pal & Anr on 23 November, 2016
Author: Ashis Kumar Chakraborty
Bench: Ashis Kumar Chakraborty
1
In The High Court At Calcutta
23-11-2016
sh-7
Civil Revisional Jurisdiction
.
CO 3640 of 2016 Pronab Pal v.
Tapan Pal & Anr.
Mr. Udayan Datta Mr. Sudarsan Roy ... for the petitioner.
Mr. Rahul Karmakar Mr. Suhrid Sur ... for the opposite parties.
This revisional application is directed against the order dated July 28, 2016 passed by the learned Civil Judge (Senior Division), 1st Court at Barasat, North 24 Parganas in Title Suit No.852 of 2011. By the impugned order the learned Court below has allowed the prayer of the plaintiff-petitioner in a suit for specific performance for amendment of their plaint, inter alia, by incorporating a claim of Rs.30 lakhs on account of costs. 2 Mr. Dutta appearing for the petitioner submitted that such claim of the plaintiff-petitioner which has been allowed by the learned Court below to be incorporated appears to be an ex facie barred by limitation. Such submission of Mr. Dutta has some substance. From the impugned order it appears that while allowing the amendment application the learned Court below has not decided the point of limitation urged on behalf of the plaintiff-petitioner.
Accordingly, there shall be an interim order directing stay of all further proceedings in Title Suit No.852 of 2011, pending before the learned Civil Judge (Senior Division), 1st Court at Barasat till the disposal of this application. Let, this application appear under the heading "Contested Application under Article 227" in the monthly list of December 2016 in its usual turn.
Certified website copies of the order, if applied for, be urgently made available to the petitioner, subject to compliance with all requisite formalities.
(Ashis Kumar Chakraborty, J) 3