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2019 Supreme(Gau) 602

KALYAN RAI SURANA
Kailash Kumar – Appellant
Versus
Ganesh Kumar – Respondent


Advocates Appeared:
For the Appellant : R.J. Bordoloi, Md. R. Ali, M. Sarmah, A. Saikia, G.P. Shahi and M. Nath, Adv.
For the Respondents: S. Sarma, J. Deka, T.K. Bhuyan and S.K. Deka, Adv.

JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. R. Ali, the learned advocate for the petitioners and Mr. S. Sarma, the learned advocate for the respondents.

2. By this application under Article 227 of the Constitution of India, the petitioners have assailed the order dated 30.01.2018 passed by the learned Munsiff, Kamrup (Rural), Amingaon in Misc. (J) Case No. 14/2017 arising out of T.S. No. 390/2014, thereby rejecting the prayer for amendment of the plaint.

3. The petitioners are the plaintiffs in TS No. 390/14, which was filed for seeking declaration, recovery of possession and for permanent injunction. The respondents herein were defendants No. 1 to 5 in the suit, who had contested the suit by filing their joint written statement. The proforma defendants No. 6 to 17 did not contest the suit. The plaint was amended previously. Again at the stage of examination of plaintiffs witnesses, Misc. (J) Case No. 14/2017 was registered in respect of petition filed under Order VI Rule 17 read with section 151 CPC.

4. The learned advocate for the petitioners has submitted that although in paragraph-3 of the plaint, mention was made in respect of land covered by Dag No. 467, but in Schedule-A, by mi

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