High Court Division · Civil Revisional Jurisdiction
Kalipada Das (by his heirs) v Biddah Sagor Das and others
Civil Revision 2379/2000 · Rule disposed of; suit remanded · Decided 9 September 2026
The plaintiff sued in the Court of the Subordinate Judge, Court No. 2, Khulna for a declaration of title to 3 acres of land, claiming that he had bought it by a registered kabala dated 18.08.1959 in the benami names of two other persons. Defendants 1 to 7 compromised with him by a solenama, and the trial court ordered that the compromise would be considered when the suit was disposed of. Defendant no. 8, the vendor, contested the suit, saying that the consideration was never paid and possession was never handed over. The trial court dismissed the suit and the Additional District Judge, Court No. 2, Khulna dismissed the appeal. In revision, the High Court Division noted that it had allowed an amendment of the plaint under Order VI rule 17 during the pendency of the Rule, so the suit could not be disposed of without additional evidence. It set aside the decrees below and remanded the suit for disposal within six months, considering the solenama and any additional evidence.
- Whether, after an amendment of the plaint was allowed during the pendency of the civil revision, the suit could be disposed of without additional evidence.
- Where an amendment of the plaint has been allowed under Order VI rule 17 of the Code of Civil Procedure during the pendency of a civil revision, there is no scope to dispose of the suit without taking additional evidence on the amendment.
- In those circumstances the ends of justice are best served by setting aside the decrees and findings below and remanding the suit, without the revisional court considering the evidence or the merits.
- On remand, both the plaintiff and defendant no. 8 may adduce additional evidence, and defendant no. 8 may file an additional written statement on the amendment.
- The trial court must dispose of the suit within six months, considering the solenama between the plaintiff and defendants 1 to 7, the evidence already adduced and any additional evidence.
In view of the amendment of the plaint, there is no scope to dispose of the suit without taking additional evidence.
