Authority: Calcutta High Court
Order Date: 16 September 2026
Case Overview
- Plaintiff: Sushil Kumar Purohit, President of Shree Ramdeo Pustikar Mandal.
- Advocate for plaintiff: Mr. Avijit Ghoshal.
- The suit was an originating summons filed under CSOS/1/2026.
- The plaintiff sought relief but the plaint was found to lack essential particulars: names of creditors, amounts owed, dates of claim emergence, whether demand was made, status of claim as stale, and detailed description and tentative valuation of the property intended for sale.
- The advocate argued that these facts could not be added via a supplementary affidavit and would require amendment, which was deemed cumbersome; therefore, he requested withdrawal with liberty to re‑file.
Final Outcome
- The Court dismissed the originating summons suit as withdrawn.
- The plaintiff was granted liberty to file a fresh suit on the same cause, subject to legal permissibility.
Topics: Civil Procedure, Court Order