District : South 24 Parganas
In the Court of the Learned Civil
Judge ( Senior Division ) 1st Court, at Baruipur, South 24 Parganas
Title
Suit no. 52 of 2009
In
the matter of :
Kanai
Krishna Das (Mondal),
____________Plaintiff
-
Versus –
Ashim
Krishna Das (Mondal) and Others,
________Defendant no. 1 to 5
Petition under Section 151 of the
Civil Procedure Code’ 1908
The
humble petition on behalf of the above named defendants, most respectfully;
Sheweth
as under :
1.
That the defendants appeared in the
present Suit and contesting by presenting their facts by way of written
statement.
2.
That as the Plaintiff placed his
amended plaint after obtaining order in such regard vide Order no. 114, dated 24/11/2021,
which found incorrect as the same has been placed beyond the schedule of
amendment allowed by the Learned Court.
3.
That pertinently the Plaintiff placed
his contents and purports in his alleged petition of amendment as “Plaint how
to be amended” in the followings :
1)
In para 1 line 2 of the plaint the
“2.46 dec” be deleted in its place “2.46 acres” be inserted.
2)
After para 2 of the plaint a new para
2(A) shall be inserted :-
“Para 2(A) The original owner
Baroda Moni Das died leaving behind her a husband and five sons i.e. Bisnupada,
sudhamoy, jatirmoy, daymoy, dulal Chandra, gour gopal respectively. Thus after
the death of father and mother the said five brother sudhamoy, Daymoy,
jyotirmoy, Dulal Chandra, gour gopal inherited 1/5th share each in
the suit property. The two son of Baroda Moni Dashi i.e. gourgopal and dulal is
now alive. They are impleaded as defendant no. 6 and 7 in the suit. The
defendant no. 6 and 7 have 1/5th share each in the suit property.
Another son of Baroda Moni Das
died leaving behind him four sons and six daughters, i.e. Netai, Nemai, Swapan,
Tapan, Durga, Pratima, Laxmi, Archana, Krishna, Rita respectively out of the
four son and six daughters of Jyotirmoy two sons and four daughters i.e. Swapan,
Tapan, Laxmi, Archana, Krishna, Rita are alive. They are impleaded as defendant
no. 8 to 12A respectively. They have 1/50th shares each in the suit
property.
Netai is now dead. Netai died
leaving behind two sons and two daughter i.e. Prasanta, susanta, dipti and
tripti. They are alive. They are impleaded as defendant no. 13 to 16 in this
case. The defendant no. 13 to 16 jointly have 1/50th share in the
suit property.
Nemai is now dead. Nemai died
leaving behind him wiodow, and two daughter i.e. Aloka, sampa, pampa. They are
impleaded as defendant no. 17 to 19 in this case. The defendant no. 17 to 19
jopintly have 1/5th share in the suit property.
Durga the daughter of Jyotirmoy
is now dead leaving behind him three son who are impleaded as defendant no. 20
to 22 in this case. The said defendant no. 20 to 22 jointly have 1/50th
share in the suit property.
Another daughter of Pratima is
now dead leaving behind her son Bapi and one daughter khusi. They are impleaded
as defendant no. 23 and 24 in this case. The defendant no. 23 and 24 jointly
have 1/50th share in the suit property. Thus the defendant no. 5 to
24 jointly have 1/50th share in the suit property.
Daymoy another son of Baroda Moni
Das had 1/5th share in the suit property. The said Daymoy Das died leaving
behind widow Bimla three sons, Gopal, Bhupal, Nepal, six daughters – sabita,
Namita, Anita, Chandra, Sukla, Ratna out of the said heirs of Daymoy widow two
sons five daughters i.e. Bimla, Nepal, Bhupal, Namita, Anita, Chandra Sukla,
Ratna are impleaded as defendant no. 25, 26, and 27, 28, 29, 30, 31, 32, they
have 1/50th share each in the suit property.
One son of Daymoy i.e. Gopal is
now dead leaving behind him widow Abubha, Rima, Riya they are impleaded as
defendant no. 33 to 35 in this suit. The defendant no. 33 to 35 jointly have
1/50th share in the suit property.
One daughter Sabita is now dead
leaving behind two sons Sanjit, Abhijit, two daughters – sushana, asima. They
are impleaded as defendant no. 36 to 39, in this case. The defendant no. 36 to
39 jointly have 1/50th share in the suit property. The defendant no.
35 to 39 jointly have 1/5th share in the suit property.
3)
In the para 3 line 9 of the plaint
after the word defendants herein the word being defendant no. 1 to 5 will be
inserted.
4)
In para 4 line 3 of the plaint after
the word “defendants herein” the word being defendant no. 1 to 5 to be
inserted.
5)
In para 5 line 5 of the plaint after
the word “defendants” the word no. 1to 5 is to be inserted.
6)
In para 6 line 3 of the plaint after
the word “defendants” the word no. 1 to 5 will be inserted.
7)
At the end of para 6 of the plaint
following shall be inserted –
“The plaintiff have 1/6th
share out of the property left by sudhamoy i.e. plaintiff have 1/30th
share in the suit property. The defendant no. 1 to 39 jointly have 29/30th
share in the suit property.
8)
In the prayer of the plaint the figure
“1/6th” be replaced by figure 1/3rd.
9)
In the schedule of the plaint the
figure 2.46 decimals be replaced by figure 2.46 acres be inserted.
4.
That persistently the proposed amendment of
the plaintiff which appeared in the above paragraph has been allowed by the
Learned Court thus the plaintiff is in no manner able himself to amend or
change anything beyond the same. In the event such change took place then the
same would be under violation of the Order of the Learned Court as well as
became disobeyance by the plaintiff.
5.
That the earlier amended plaint which
has been submitted on 8th day of May’ 2013, by the plaintiff, which
contain and purports the following being Schedule of the suit property;
SCHEDULE
ALL
THAT piece and parcel of land lying and situate at Gorkhara, P.S. Sonarpur,
Khatian No. 1720, J.L.No. 22, R.S. Dag No. 496, Bastu, 99 decimals
Dag
No. Nature of Land Area
of Land
116 Sali 15 dec.
340 Sali 14 dec.
374 Sali 19 dec.
496 Bastu 99 dec.
703 Sali 24 dec.
755 Sali 12 dec.
940 Sali 39 dec.
507 Danga 14 dec.
497 Path 10 dec.
_______________________________________
Total 2.46 decimals
6.
That the present amended plaint which
has been submitted on 7th December’ 2021, by the plaintiff, which
contain and purports the following being Schedule of the suit property;
Schedule
All that piece and
parcel of land lying and situated at Gorkhara of Mouza Gorkhara, P.S. Sonarpur,
Khatian no. 671, and 1720, J.L. No. 22 at R.D. and Mouza- Gorkhara, Khatian No.
1720, J.L.No. 22 at R.S. Dag No. 496 Bastu 99 decimals and the total area of
land 246 acre.
Dag No. Nature
of Land Area of Land
116 Sali
15 decimals
340
,, 14 “
347 ,, 09 “
348 ,, 19 “
496 Bastu 99 “
703 Sali 24 “
755 ,, 12 “
940 ,, 39 “
507 Danga 14 “
497 path 10 “
____________________________
Total = 2.46 acres
7.
That the plaintiff in violation of the
Order no. 114, dated 24/11/2021, and under the garb of amendment changed the
Schedule in the followings, which has never been asked by the plaintiff in the
amendment ;
Schedule
All that piece and
parcel of land lying and situated at Gorkhara of Mouza Gorkhara, P.S. Sonarpur, Khatian no. 671, and 1720, J.L. No. 22 at R.D. and Mouza- Gorkhara, Khatian No.
1720, J.L.No. 22 at R.S. Dag No. 496 Bastu 99 decimals and the total area of land 246 acre.
Dag
No. Nature of Land Area
of Land
116 Sali
15 decimals
340 ,, 14 “
347 ,, 09 “
374 Sali 19 dec.
348 ,, 19 “
496 Bastu 99 “
703 Sali 24 “
755 ,, 12 “
940 ,, 39 “
507 Danga 14 “
497path 10 “
8.
That in the facts and circumstances,
the words, figure, and the sentences should be stroked off in the followings
and restored as it was in the amended plaint dated 8th day of May’
2013;
Schedule
All that piece and
parcel of land lying and situated at Gorkhara of Mouza Gorkhara, P.S. Sonarpur, Khatian no. 671, and 1720, J.L. No. 22 at R.D. and Mouza- Gorkhara, Khatian No.
1720, J.L.No. 22 at R.S. Dag No. 496 Bastu 99 decimals and the total area of land 246 acre.
Dag
No. Nature of Land Area
of Land
116 Sali
15 decimals
340 ,, 14 “
347 ,, 09 “
374 Sali 19 dec.
348 ,, 19 “
496 Bastu 99 “
703 Sali 24 “
755 ,, 12 “
940 ,, 39 “
507 Danga 14 “
497path 10 “
9.
That unless the Learned Court stroked
off in the followings and restored as it was in the amended plaint dated 8th
day of May’ 2013, the Defendants will highly prejudice and suffer with
irreparable loss and injury thereof.
Schedule
All that piece and
parcel of land lying and situated at Gorkhara of Mouza Gorkhara, P.S. Sonarpur, Khatian no. 671, and 1720, J.L. No. 22 at R.D. and Mouza- Gorkhara, Khatian No.
1720, J.L.No. 22 at R.S. Dag No. 496 Bastu 99 decimals and the total area of land 246 acre.
Dag
No. Nature of Land Area
of Land
116 Sali
15 decimals
340 ,, 14 “
347 ,, 09 “
374 Sali 19 dec.
348 ,, 19 “
496 Bastu 99 “
703 Sali 24 “
755 ,, 12 “
940 ,, 39 “
507 Danga 14 “
497 path 10 “
10.
That the preponderance of the balance
of convenience and inconveniences are in favour of the defendants and the
plaintiff will not prejudice.
11.
That this Petition is made bonafide
and in the interest of administration of Justice.
It is therefore prayed that your
Honour Would graciously be pleased to allow this application and to stroked off
in the manner as shown in the para no. 9, and restored as it was in the amended
plaint dated 8th day of May’ 2013, in the interest of administration
of Justice, and or to pass such other necessary order or orders as your Honour
may deem, fit and proper for the end of Justice.
And for this act of kindness, the
Petitioner as in duty bound shall ever pray.
Verification
I, Sri Ashim Krishna Das Mondal, being
the Defendant no. 1, in the present Civil Suit, made this petition under
Section 151 of the Civil Procedure Code’ 1908, and I am conversant and
acquainted with the material facts stated therein. I sign and verify this
petition on 8th day of June’ 2022, at Baruipur, South 24 Parganas.
Affidavit
I, Ashim Krishna Das Mondal, Son of
Late Sudhamoy Das Mondal, aged about 61 years, by faith Hindu, by Occupation
Business, residing at Village Sonarpur Gorkhara Hatuipara, Ward no. 10, Post
Office & Police Station – Sonarpur, Kolkata – 700150, District – South 24
Parganas, do hereby solemnly affirm and says as follows;
1.
That I am the defendant no. 1, herein
in the present Civil Suit. I am conversant and acquainted with the material
facts in the Suit. I am authorized by the defendant no. 2, 3, 4, and 5, herein.
I am competent to swear this affidavit on their behalf as well as on my behalf.
2.
That the contents of paragraph number
1, 2, 3, 4, 5, 6, & 7, are true to the best of my knowledge and belief and
the rests are my humble submissions before the Learned Court.
That
the above statements are true to my knowledge and belief.
DEPONENT
Identified
by me,
Advocate
Prepared
in my Chamber,
Advocate
Date
: 8th day of June’ 2022
Place
: Baruipur, South 24 Parganas
N
O T A R Y
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