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2021 Supreme(Gau) 783

Harmohan Talukdar – Appellant
Versus
Himani Das – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.J. Bordoloi
For the Respondent: B.D. Deka

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. R. Ali, the learned counsel appearing for the petitioners and Mr. N. Chaudhury, the learned counsel appearing for the respondent.

2. This is an application under Article 227 of the Constitution of India whereby the order dated 02/10/2019 passed by Court of the Civil Judge, Kamrup (Metro) in Title Suit No. 63/2014 has been put to challenge. Vide the order impugned in the instant proceedings the prayer for amendment of the plaint has been rejected on the ground that the same has been filed at a belated stage.

3. The factual matrix relevant for disposal of the instant proceedings are that the plaintiffs had filed a suit being Title Suit No. 63/2014 claiming to be owners of a plot of land as described in the Schedule to the plaint sought for cancellation of a purported deed of sale bearing No. 1312/2002 dated 18/02/2002 on the ground that the said purported Deed of Sale was executed fraudulently behind the back of the petitioners/plaintiffs. The reliefs claimed in the suit being relevant for the purpose of the instant lis, the same are here-in-below:-

    "a. a decree for cancellation of sale deed No. 1312/02 alleged to have been executed on 18.02.20

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