Full Judgment
GA No.1002 of 2013 GA No.420 of 2013 GA No.2445 of 2012 CS No.287 of 2012 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction PUJ.SINGH (CHATTERJEE) Versus TAPATI CHATTERJEE & OTHERS BEFORE: The Hon'ble JUSTICE SOUMEN SEN Date : 10th November, 2014.
Appearance: Mr.Rajarshi Dutta, Adv.Mr.Anirban Bose, Adv.Mr.S.Sen, Adv.Mr.N.K.
Das, Adv.The Court : The plaintiff has filed this application for amendment of the plaint.
It is stated that the age of the applicant has not been correctly mentioned in the verification of the plaint due to inadvertence as also in the affidavit filed in the interlocutory application.
This prayer is opposed by the defendants on the ground that she is a stranger to the family and the suit filed is malicious and vexatious.
The defence to the locus of the plaintiff is not being affected by this amendment.
The defence that the defendants have urged against the amendment still remains and requires to be adjudicated at the trial.
The Court, at this stage, is not required to go into the merits of the disputes between the parties.
This amendment cannot alter and/or change the character of the suit.
In view thereof, there shall be an order in terms of prayers (a) and (b) only.
Such amendment shall be carried out within a period of two weeks from date.
GA No.1002 of 2013 stands disposed of.
It is made clear that the merits of the matter have not been gone into and it would be open for the defendants to urge all the points at the time of trial.
The defendants have filed an application challenging the report dated 2nd October, 2012.
The said application was filed on 7th February, 2013.
Directions were passed from time to time for affidavits but no affidavit-inopposition has been filed by the plaintiff.
Upon payment of costs of 200 GM to “Voice of World”, 3, Chidam Mudi Lane, Kolkata - 6 (Ph.2533-3204).the time to file the affidavit-inopposition is extended by ten days from date; reply thereto, if any, may be filed within seven days thereafter.
The matter shall appear under the heading “Adjourned Motion” along with GA No.2445 of 2012 three weeks hence.
Urgent certified website copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SOUMEN SEN, J.) kc.