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2023 Supreme(Gau) 89

MALASRI NANDI
Abdul Jalil Laskar S/o- Lt. Irfan Ali Laskar – Appellant
Versus
Md. Monir Uddin Laskar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. A M BARBHUIYA

JUDGMENT :

Heard Mr. A.M. Barbhuiya, learned Standing Counsel for the petitioner. None appears for the respondents.

2. The petitioner has filed an application under Article 227 of the Constitution of India read with Section 151 CPC against the impugned order dated 08.04.2019 passed by the learned Munsiff No.1, Hailakandi in Title Suit No.21/2014, whereby the present petitioner who was impleaded as defendant No.40 was not allowed to submit his written statement beyond the statutory period.

3. The brief facts of the case is that the present proforma defendant Nos. 2 to 35 filed a Title Suit bearing No. 21/2014 before the learned Munisiff No.1, Hailakandi against the present principal defendants/respondents Nos. 1 to 26 praying for a decree declaring the right, interest and possession over the suit land by virtue of purchase, possession and by right of inheritance etc.

Accordingly, the defendant Nos. 1 to 7, 10, 11, 13, 18 and 19 submitted their written statements in the said suit. Subsequently, the defendants could know that on 18.10.2016 i.e. during pendency of the suit, the plaintiff No.1 vide registered sale deed sold out 6 Khatas of land to his daughter-in-law Shilpi Begam Barbhuiy

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