Revised
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO.22441 OF 2024)
DR. RAMMANOHAR LOHIA ADARSHA SHIKSHA NIKETAN APPELLANT(S)
VERSUS
KANDARPAPUR SUKHADA SMRITI PATHAGAR RESPONDENT(S)
O R D E R
1. Leave granted.
2. As per the office report, service is complete upon the sole
respondent, but no one has entered an appearance.
3. The appeal is proceeded ex-parte against respondent.
4. Having heard the learned counsel for the appellant, we are of
the considered view that the impugned judgment and order dated
30.08.2024, passed by the High Court at Calcutta in C.O.3054 of
2024, titled as “Dr. Rammanohar Lohia Adarsha Shiksha Niketan vs.
Kandarpapur Sukhada Smriti Pathagar,” needs to be set aside. This
is because, as per the averments made in the application for
amendment, it cannot be said that the nature and character of the
suit would change. As we observe from the plaint at Page No.16
(Para No.6), the declaration sought is to the effect that the
appellant/plaintiff has right, title and interest over the suit
property and not the other way around. The application for
amendment has to be allowed. Ordered accordingly. Hence, the appeal
1
stands allowed.
6. The parties shall appear before the trial court on 02.02.2025.
The trial court shall decide the same uninfluenced by a...