petition under Section 151 of Civil Procedure Code 1908

 

District : South 24 Parganas

In the Court of the Learned Civil Judge ( Senior Division ) 1^st 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 1/5^th 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 1/5^th 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 1/50^th 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 1/50^th 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 1/5^th 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 1/50^th 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 1/50^th share in the suit property. Thus the defendant no. 5 to 24 jointly have 1/50^th share in the suit property.

Daymoy another son of Baroda Moni Das had 1/5^th 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 1/50^th 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 1/50^th 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 1/50^th share in the suit property. The defendant no. 35 to 39 jointly have 1/5^th 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 1/6^th share out of the property left by sudhamoy i.e. plaintiff have 1/30^th share in the suit property. The defendant no. 1 to 39 jointly have 29/30^th share in the suit property.

8)   In the prayer of the plaint the figure “1/6^th” be replaced by figure 1/3^rd.

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 8^th 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 7^th 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 8^th 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 8^th 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 8^th 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 8^th 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 : 8^th day of June’ 2022

Place : Baruipur, South 24 Parganas

 

N O T A R Y

 

 

Rejoinder

 

Government of West Bengal

Office of the Labour Commissioner

E.L. & M.W. Section

6, Church Lane (3^rd Floor)

Kolkata – 700001

 

 

Case No. P-175 of 2022

                                                         

                                                          In the matter of :

Sanjib Ghosh

                                                                                      _____Applicant

-      Versus –

M/s. Squarem Electra Private Limited & Others,

                                                                             _____ Opposite Parties

 

Rejoinder to the Objection of Biswanath Dutta (Opposite Party)

 

I, Sanjib Ghosh, Son of ___________, aged about ____years, by faith Hindu, by Occupation presently Unemployed, residing at Saha Para, Prasatha, Domjiur, Howrah – 711302, District – Howrah, do hereby solemnly affirm and says as follows;

 

1.   That I have gone through a copy of the objection filed and served upon me, by the Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited. I have understood the meaning and purports thereof.

 

2.   Before dealing with parawise comments of the objection submitted by the Director Sri Biswanath Dutta. I submit the following facts for proper adjudication of the proceeding;

 

(a)  That I am an employee posted as Technical Assistant in M/s. Squarem Electra Private Limited. I was working since the month of August’ 2012, with utmost loyalty. My present Salary is as of Rs. 22,400/- ( Rupees Twenty Two Thousand and Four Hundred ) only, which included H.R.A., Fooding allowance, Employee’s Contribution to Provident Fund, P.Tax, etc.

 

(b)  Thjat Shri Biswanath Dutta is one of the Director of the said M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta took everything from me by force. I did not have any occasion to have any conversation with any other Director of the said M/s. Squarem Electra Private Limited.

 

(c)  That Since the month of July’ 2021, the said M/s. Squarem Electra Private Limited and its Directors are not paying Salary till date, therefore a substantial sum is accumulated, due and payable by the said M/s. Squarem Electra Private Limited and its Directors.

 

(d)  That I beg to say that persistently a substantial prolong period elapsed and still continuing without any salary in hand. I have suffered the pandemic situation as well as still suffering and in a situation to beg money from my relative and friends, etc. for my day to day necessity.

 

(e)  That I beg to say that my service was illegally terminated and without any notice to me. The Director Sri Biswanath Dutta did not give any clarification on my presentation, as well as Legal notices sent through my Learned Advocate. The said Sri Biswanath Dutta keeping mum on entire scenario till the issue placed before the Learned Labour Officer.

 

(f)   That I beg to say that still my P.F. Account is continuing with the authority which shows I am an employee of M/s. Squarem Electra Private Limited. The said Sri Biswanath Dutta terminated my service without notice either in written or in oral manner. The said Sri Biswanath Dutta did not compensate me on any square, whatsoever. The said Sri Biswanath Dutta, did not pay my Salary and did not pay other related perquisite, so far.

 

(g)  That I beg to say that I am continuing my family and myself in a hand to mouth by way of begging money from the relative, friends, and well-wishers, etc.

 

(h) That I am not working anywhere, since I am not in a position to get any employment in absence of any release letter by M/s. Squarem Electra Private Limited.

         

3.   Now I deal with the allegations and contentions of the said objection of Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. Save what are matter of records, each and every allegation and/ or contentions made therein, are denied and disputed as if the same were set out hereunder and individually traversed.

 

4.   With reference to paragraph number 1, 2, 3, and 4, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I further say that I have received my Salary only upto the month of June’ 2021, therefore my salary is due and payable from the month of July’ 2021, by the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited. I categorically denied the statement “as the said company upto end of November, 2021, and he used to receive his agreed salary from the company and has duly acknowledged the same”. I beg to say that the Company all along used to pay my Salary and Other Employee Salary by way of Bank Transfer, being the payment of Salary into Bank Account of Employee. I put to strict proof thereof to the said Sri Biswanath Dutta to show his Bank statement in relation to his statement, which falsely alleged against me. I beg to say that the Company has sufficient business and earning and the premises was not at lease. I beg to say that I did never submit any resignation to the Company, the same has never been asked by any of the Director of the Said M/s. Squarem Electra Private Limited. I further beg to say that no settlement has ever been happened and no money in lieu of such has ever been given by the Company M/s. Squarem Electra Private Limited, and its Directors. I am denying the statemenents made in paragraph number 4 of the objection submitted by Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited and put him to strict proof thereof.

 

5.   With reference to paragraph number 5, 6, 7, 8, and 9, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that the allegations and disputes between the directors are not concerned to me, though I am victimized by the said M/s. Squarem Electra Private Limited. I further beg to say that the other contents are repetition, which I have already answered and denied and put the said Director Sri Biswanath Dutta, of M/s. Squarem Electra Private Limited on strict proof thereof. I beg to say that I am not in connivance with any of the Director rather these two numbers of the Director Firstly Sri Biswanath Dutta and Secondly Sri Sujit Kumar Jana, connived to each other, to deny my legitimate claim of my salary, and other benefits. I further beg to say that I am not in working anywhere. I further beg to say that the content of paragraph number 9 is the same as in the paragraph number 4 of the objection of the said Sri Biswanath Dutta, Director of M/s. Squarem Electra Private Limited, which I denied and replied adequately in preceding paragraph herein.

 

6.   With reference to paragraph number 10, 11, and 12, of the said Objection, I deny and dispute each and every allegation, and/ or contentions made therein, save and except what are matters of record. I repeat and reiterate what I have stated in paragraph no. 2, herein above. I beg to say that I am victim of fighting between the Directors of the said M/s. Squarem Electra Private Limited. I beg to say that one of the Director before the Learned Labour Commissioner agreeing to pay and another is placing frivolous objection is truly unwarranted and not acceptable. I beg to say that in empty stomach watching fighting of the Directors are not a means of surviving my livelihood, resulting in dire destitute situation of my family and myself.

 

7.   Under the facts and circumstances, I respectfully, submit that I am entitled to get my Claim. The said director must be booked for misleading the forum, by providing false and frivolous, information/ statements to reap advantage of his strength.

 

8.   That the statement made in paragraph number 1 to 6, are true to my knowledge and that made in paragraph number 7, is my respectful submissions.

 

 

 

 

 

DEPONENT

 

Identified by me,

 

 

Advocate