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1984 Supreme(Gau) 91

T.S.MISHRA
Kalyanee and another – Appellant
Versus
Bhabani Charan Banerjee and others – Respondent


Advocates Appeared:
B. R. Dey and J. Deb, N. Chakravarty

Judgement

This revision petition under S.115 of the Code of Civil Procedure is directed against an order dated 22nd May, 1984 passed by the District Judge, Kamrup, Gauhati in Title Appeal No. 11 of 1983 allowing the prayer of the Respondent No. 1 to amend the plaint.

2. The plaintiff, who is the Respondent No. 1 before me has filed a title suit No. 93 of 1971 in the court of the Assistant District Judge No. 1 at Gauhati seeking eviction of the defendants from the premises described in schedule A appended to the plaint. The case has been resisted by the defendants on a variety of grounds and it appears that during the last 13 years the parties to the suit have reached this Court as also the Supreme Court in connection with this suit. That is how the suit has not so far been disposed of in the sense that the dispute is still being examined by the learned District Judge in an appeal arising out of the suit. But before the appeal could be disposed of finally an application for amendment of the plaint was filed by the plaintiff before the District Judge who allowed it. The defendants 1 and 3 have come up to this Court seeking revision of the order passed by the District Judge on the amen













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