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2021 Supreme(Gau) 732

Manash Kumar Nath – Appellant
Versus
Sabita Kalita – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.K. Choudhury.
For the Respondent: K.D. Chetri.

JUDGMENT :

Devashis Baruah, J.

1. Heard Mr. A Barkakati, learned counsel for the petitioner and Mr. K.D. Chetri, learned counsel for the respondent.

2. By way of this petition under Article 227 of the Constitution, the petitioner has challenged the order dated 17.04.2019 passed by the Court of the Civil Judge No. 1, Kamrup (M) at Guwahati in Title Appeal No. 56/2017, whereby the petition filed by the petitioner herein (defendant in the suit) for amendment of the written statement under Order VI Rule 17 of the Code of Civil Procedure was rejected. The facts for the purpose of disposal of the instant proceeding is that the respondent herein, has filed a suit i.e. Title Suit No. 119/2016 for ejectment of the petitioner on the ground that he is a defaulter of payment of rent. It may be relevant herein to mention that along with the prayer for ejectment, the respondent herein as plaintiff also sought for realization of arrear rent. The petitioner who is the defendant in the suit filed his written statement averring inter-alia that he is not a defaulter and have been paying rent regularly till April 2016, and thereafter have been making the payments of rent before the appropriate Court. The

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