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2004 Supreme(Gau) 205

I.A.ANSARI
Subhash Karmakar – Appellant
Versus
Alhaj Saken Ali – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S. Sarma, J. Deka and B. Sarma, Advs.
For Respondents/Defendant: N. Choudhury and M. Syreen, Advs.

JUDGMENT

I.A. Ansari, J.

1. Heard Mr. Sarma, learned counsel for the petitioner, and also heard Mr. N. Choudhury, learned counsel appearing on behalf of the Opposite-party.

2. By the impugned order dated 23.12.2002, passed in Misc. (J) Case No. 50/02, arising out of Title Suit No. 7/02, the learned Civil Judge (Junior Division) No. 1, Goalpara, has allowed the application for review by setting aside the order, dated 2.9.2002, passed by the same Court in T.S. No. 7/02, whereby the plaintiffs/petitioners' prayer for amendment of the plaint was allowed.

3. At the time of admission of the revision, Mr. N. Choudhury, learned counsel for the Opposite-party, has pointed out that an order allowing an application for review is covered by Order 47 Rule 4 of the Code of Civil Procedure and such an order is an appealable order under Order 43 Rule 1(W) of the CPC, and since the impugned order is an order allowing the application for review, the remedy of the plaintiffs/petitioners, in the present case, lied in preferring an appeal in terms of Order 43 Rule 1 (W)of the CPC and this revision is, therefore, not maintainable. Since this position of law is not disputed and can not be discarded, Mr. Sarm




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