CO/3416/2026 of URBBASI GHORUI Vs MAHESH KUMAR AGARWAL AND OTHERS on 29 September 2026

Court No. 6 (265719) 29.09.2026

(AD 56)

(S. Banerjee) CO 3416 of 2026

Smt. Urbbasi Ghorui Vs. Sri Mahesh Kumar Agarwal & Ors.

Mr. Ziaul Haque

… for the petitioner

This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against order no. 81 dated June 18, 2026 passed by the learned Civil Judge (Jr. Division), 1st Court at Howrah in Title Suit No. 586 of 2019. From the order-sheets appended to this application this Court finds that the amendment application filed by the petitioner on May 21, 2026 was expunged from the records on the ground that the same was filed without any order passed by the Court. Learned advocate appearing for the petitioner does not dispute the said factual position. He, however, submits that an application under Order 6 Rule 17 of the Civil Procedure Code is still pending and a direction be passed upon the learned trial judge to dispose of the application under Order 6 Rule 17 of the Civil Procedure Code expeditiously.

2 From the order-sheets appended to this application this Court finds that no date has been fixed for hearing of the application for amendment of the plaint. If the application under Order 6 Rule 17 of the Civil Procedure Code is still pending, the petitioner will be at liberty to file an appropriate application before the learned trial judge praying for fixing a date of hearing of the application for amendment of the plaint. If such an application is filed, the learned trial judge shall consider the same and pass orders in accordance with law. With the above observations and directions this civil revision application stands disposed of.

(Hiranmay Bhattacharyya, J.)