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Head Note

The Code of Civil Procedure, 1908  - Order VI Rule (17)

Amendment of Plaint - High Court ought not to have constrained one of the parties to amend the plaint - On this short ground the Judgment delivered by the High Court liable to be set aside - Appeals directed to be restored to their original numbers - 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 - High Court shall decide the application in accordance with law - During the pendency of the appeals, first respondent 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.

Topic(s)-Summary Suit - Leave to Defend , Civil Procedure - Amendment of Plaint - Remand back