Full Judgment
ORDER
SHEET GA No.3942 of 2007 CS No.70 of 2007 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction ORIGINAL SIDE AJIT NAIN Versus BENGAL SILVER SPRING PROJECTS LTD & ANR.
BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 28th February, 2014.
Appearance: Mr.Abhrajit Mitra, Adv.Mr.Sarbopriyo Mukherjee, Adv.Mr.Dilip Kumar Ghosh, Adv.Mr.Sarnendu Ghosh, Adv.Mr.Rudrajit Sarkar, Adv.Mr.Rajib Mullick, Adv.The Court: The plaintiff has filed this application for amendment of the plaint.
The plaintiff states that this application has been necessitated in view of the disclosures made in the interlocutory proceedings.
It is stated that in the affidavit in opposition to GA No.1619 of 2007 the defendant no.1 has relied upon a deed of sub-lease dated March 30, 2007 in favour of one M/S.Saini Trading Co.allegedly a partnership firm having its business at Bindu Basini Street, Calcutta 700027.
It was this disclosure which resulted in this application being filed by the plaintiff.
Initially an order was passed directing addition of M/S.Saini Trading Co.consequent whereupon the said partnership firm has been added as a party defendant.
Mr.Swarnendu Ghosh, learned Counsel appearing for the defendant no.1 submits that the property that has been transferred to the defendant no.3 is not the self-same property on which the plaintiff is claiming an interest.
However, this issue is required to be decided at the trial of the suit.
The petitioner by this amendment is seeking to add M/S.Saini Trading Co.on the ground that the property which the defendant no.1 has agreed to sell has been transferred to M/S.Saini Trading Co.during the pendency of this proceeding.
In short, it is stated that the said Saini Trading Co.is a pendentelite.
Since defendants have not yet filed the written statement and the trial is yet to begin, having regard to the statements made in the petition, in my view, such amendment is required to be allowed for just and proper determination and the real questions in controveRs.between the parties.
In view thereof, there shall be an order in terms of prayers (b).(c).(d).(e).Department is directed to amend the suit register as also to carry out the amendment of the plaint and all connected pleadings within a period of three weeks from date.
The principal defendants as well as the added defendant shall be permitted to file the written statement within four weeks from the service of the amended plaint upon the said defendants.
The plaintiff is directed to communicate this order to the Commissioner, Kolkata, Municipal Corporation within a week from date.
GA No.3942 of 2007 is disposed of.
Mr.S.K.Kanodia waives service of the writ of summons on behalf of the defendant no.1.
Mr.Rajib Mullick waives service of the writ of summons upon the added defendant.
Department and all parties concerned are to act on a signed photocopy of this order on the usual undertakings.
(SOUMEN SEN, J.) sp/