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2022 Supreme(Gau) 939

ARUN DEV CHOUDHURY
Kailash Chandra Sarma S/o Late Rudreswar Sarma – Appellant
Versus
Rumamoni Das W/o Shri Bhuban Ch. Das – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: S.P. Roy, D. Mazumdar.
For the Respondent: S. Sharma.

JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. D. Mazumdar, learned Senior counsel for the petitioner. Also heard Mr. S. Sharma, learned counsel for the respondent.

2. This present petition under Article 227 of the Constitution of India is filed assailing the impugned order dated 01.04.2021 passed in T.S. No. 545/2007 by which the learned Munsiff No. 2, Kamrup (M) at Guwahati rejected the petition filed under Order 7 Rule 14 (3) of the CPC read with Section 151 of the said Code.

3. The background facts:

    The background fact of the present litigation can be summarized as follows:

(I) The petitioner as plaintiff instituted a suit being T.S. No. 545/2007 before the learned court of Munsiff No. 2, Kamrup at Guwahati praying for a decree of declaration of right, title and interest and recovery of khas possession, cancellation of a sale deed being sale deed No. 3106/2001 dated 02.04.2001 and another sale deed being sale deed No. 936/02 dated 08.02.2002 and for permanent injunction.

(II) It is an admitted fact that at the time of filing of the plaint, the plaintiff had not annexed any documen

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