Is Code 1786 Pdf Free Download

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Is Code 1786 Pdf Free Download

1786/2013 on 25 July, 2013
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Is Code 1786 Pdf Free Download Free

IS 1608: 2005 ISO 6892: 1998 4 Definitions For the purpose of this International Standard, the following definitions apply. 4.1 gauge length (I. ): Length of the cylindrical or prismatic portion of the test piece on which.

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aa C.O. 1786 of 2013 Mr. Tapas Kr. Bhattacharjee ... for the plaintiffs/petitioners Mr. Sudip Kr. Barik ...for the defendants/opposite parties Heard the learned advocates of both the sides. This application is at the instance of the plaintiffs and is directed against the order dated 27.02.2013 passed by the learned Civil Judge (Senior Division), 3rd Court at Howrah in Title Suit No. 67 of 2000 thereby rejecting an application under Order 6 Rule 17 of the Code of Civil Procedure.

In a suit for partition and injunction at the stage of trial, the plaintiffs/petitioners herein filed an application for amendment of the plaint and that application was rejected by the impugned order.

Being aggrieved, this application has been preferred. On perusal of the impugned order, the copy of the plaint and the application for amendment of the plaint, I find that the proposed amendment is nothing but withdrawal of the admission as made in paragraph no. 2 of the plaint.

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The paragraph no. 2 of the plaint, clearly lays down that the suit property originally belonged to Ahida Bibi, wife of Sher Ali Sheikh who transferred 23 2/3 decimal of land out of the said property to the said defendant no. 1 by virtue of Deed of Sale dated 23.05.1958.

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In paragraph no. 3 he has stated that out of the said 23 2/3 decimal of land from the suit property, the defendant no. 1 reconveyed to the plaintiffs to the extent of 11 1/3 decimal of 2land out of 23 2/3 from the suit property. The defendant hasalso denied the said transaction.

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Anyway, by the proposed amendment, the plaintiffswanted to say that in fact, though the Deed of 1958 containstransfer of 23 2/3 decimal of land out of the suit property, infact, 9 1/2 decimals of land had been transferred. The plaintiffshave also contended that in a local salishi that the defendantno. 1 admitted that he had committed a mistake by 23 2/3 instead of 9 1/2 decimal of land and so, he reconveyed the propertymeasuring 11 1/3 decimal of land to Ahida Bibi by a subsequentDeed of conveyance.

Anyway, so far as the extent of conveyance executed byAhida Bibi is concerned, by the proposed amendment, I find thatthe petitioners have tried to withdraw the admission as made inparagraph no. 2 of the plaint.

Accordingly, in my view, the learned trial Judge, byreferring to the decision of AIR 1977 SC 680, has rightlyrecorded that the withdrawal of the admission is notpermissible.

Therefore, I am of the view that there is no scope ofinterference with the impugned order.

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The application is, therefore, devoid of merits and isdismissed accordingly.

There will be no order as to costs.

Urgent photostat certified copy of this order, if applied for,be given to the learned Advocate for the parties upon complianceof all requisite formalities.

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( Prasenjit Mandal, J. )