Khaitan Consultants Ltd. v. Sulata De & Ors.

November 26, 2021

Civil Appeal No. 162 of 2007

Constitution of India — Art. 132 — Appeal — Amendment of pleadings — High Court constrained one of the parties to amend the plaint, which it ought not to have done — Impugned order therefore, set aside — Direction issued that concerned party can seek permission to amend the plaint by making an appropriate application before the High Court, if thought proper — It would be open to the parties to raise all contentions permissible in law before High Court — Civil Procedure Code, 1908, Or. 6 R. 17
(Paras 3, 4 and 6)

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(Anil R. Dave and Adarsh Kumar Goel, JJ.)

Khaitan Consultants Ltd. ______ Appellant

Sulata De & Ors. ______________ Respondent(s)

Civil Appeal No. 162 of 2007, decided on September 2, 2015

With

Civil Appeal No. 166 of 2007, Civil Appeal No. 4458 of 2008

The Judgement of the court was delivered by

CIVIL APPEAL NOs. 162 OF 2007 and 166 OF 2007

1. Being aggrieved by the common Judgment delivered in FAT No. 1195 of 2003, FAT No. 1132 of 2003 and FAT No. 798 of 2003 by the High Court of Calcutta dated 01.04.2005, these appeals have been filed.

2. We have heard the learned counsel appearing for both the sides at length.

3. Upon hearing the learned counsel for the parties, we are of the view that the High Court ought not to have constrained one of the parties to amend the plaint. On this short ground, we are setting aside the Judgment delivered by the High Court.

4. It is directed that the appeals shall be restored to their original numbers and it would also be open to the concerned party to seek permission to amend the plaint by making an appropriate application before the High Court, if thought proper, and the High Court shall decide the application in accordance with law.

5. During the pendency of the appeals, Sm. Sulata De, who claims to be the tenant of the suit premises, shall deposit Rs. 25,000/- per month with effect from September, 2015, instead of the amount which is being deposited by her at present by way of rent and the said amount shall be deposited with the High Court by a cheque drawn in favour of The Registrar (Appellate Side), High Court of Calcutta, instead of the Court where the amount is being deposited at present.

6. The appeals shall be notified for hearing by the High Court on 02.11.2015 and it would be open to the parties to raise all contentions permissible in law before the High Court and the order of status quo prevailing on today, shall continue till 30.11.2015. The said order may be modified by the High Court after hearing the concerned parties, if thought necessary.

7. The appeals are disposed of as allowed with no order as to costs.

CIVIL APPEAL NO. 4458 OF 2008

8. The learned counsel for the appellant seeks permission to withdraw this appeal as it has become infructuous.

9. Permission is granted.

10. The Civil Appeal is, accordingly, disposed of as withdrawn.

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