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Judgment
The present challenge is by one of the defendants in a suit for management of a trust. It is alleged by learned senior advocate appearing on behalf of
the petitioner that the trial court allowed the amendment without any explanation for delay being furnished. It further appears that the plaintiff/opposite
party no.1 sought to withdraw admissions made in the original amendment as to Madhabi Dutta being one of the shebaits.
Learned counsel for the plaintiff/opposite party no.1 submits that, even if the said portion of the amendment, pertaining to Madhabi Dutta not being a
shebait, is not allowed, the rest of the amendment should be incorporated, since the same amounts to elaboration of the facts already pleaded by the
plaintiff.
Service on the proforma opposite party no.2 is dispensed with.
Upon hearing both sides and perusing the nature of the amendment, it is seen that in the original plaint, Madhabi Dutta was described as a shebait and
her occupation in respect of the premises-in-question was categorically asserted. However, in the amendment-in-question, the said Madhabi
Dutta’s shebaitship was challenged and on such ground, in several places of the amendment, Madhabi Dutta’s occupation of the suit premises
was described to be illegal, on the premise that such occupation was in violation of the stipulation in the original deed of settlement.
Such contention as regards Madhabi Dutta is inseparably intertwined with other averments in the body of the amendment sought, and cannot be
segregated or culled out without discarding the amendment as a whole.
Since the amendment is diametrically opposite to the original plaint pleadings and intended to withdraw admissions, thereby displacing the case of the
defendants, the said amendment ought not to have been allowed by the trial court.
Accordingly, C.O.No.2453 of 2018 is allowed on contest against the opposite party no.1, thereby setting aside the impugned order as well as the
amendment sought by the plaintiff/opposite party no.1. Any amended plaint, if filed pursuant to the impugned order, will be taken off records and
ignored by the trial court in proceeding with the suit.
There will be no order as to costs.
Urgent certified website copies of this order, if applied for, be given to the parties upon compliance of all necessary requisite formalities.