High Court of Calcutta Ganesh Chandra Paul v. Maya Paul and Ors. MANU/WB/0216/2017 03.04.2017 Property A Court cannot make a new case, not made out by parties in their pleadings Instant revisional application under Article 227 of Constitution of India, at instance of pre-emptor in a proceeding for pre-emption under West Bengal Land Reforms Act, 1955 is against judgment and order passed by District Judge. By judgment, Appellate Court held that pre-emption case filed by Petitioner under Section 8 of Act was not maintainable for incorrect description of suit land and dismissed pre-emption case of Petitioner. Supreme Court in case of Sheodhari Rai & Ors. v. Suraj Prasad Singh, and a Division Bench decision of this Court in case of Jugal Kishore Kundu & Ors. v. Narayan Chandra Kundu, observed that it is settled law that, a Court cannot make a new case, not made out by parties in their pleadings and, as such, in absence of any pleading or defence set up by opposite part...