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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Susmita Phukan Khaund
Ishrawati Devi W/O Ram Bachan Robidas – Appellant
Versus
Osman Gani Mollah S/O Late Akbor Ali – Respondent
JUDGEMENT :
Susmita Phukan Khaund, J.
Factual Matrix :-
This petition is filed under Article 227 of the Constitution of India, assailing the order dated 31.05.2023 passed by the learned Munsiff No. 1, Goalpara in Misc. (J) Case No. 118/2022 arising out Title Suit No. 125/2007.
2. The petitioners in this case are Smti. Ishrawati Devi and Shri Ram Bachan Robidas and they were the original plaintiffs, who brought up the Title Suit No. 125/2007 against the respondents Osman Gani Mollah, Nazimuddin Ahmed, Nazmul Haque and Naziruddin Ahmed, who were arrayed as defendants in the original Title Suit. The petitioners and the respondents will be referred to in their standing as plaintiffs and defendants.
3. A total of 21 (Twenty One) defendants were arrayed in the aforementioned title suit which was later re-numbered as Title Suit No. 125/2007. The suit land admeasuring 3 Kathas is a part of a larger plot of land admeasuring 1 Bigha 4 Kathas 3 Lechas under the ownership of Kiron Bala Das and this land devolved upon Ashutosh Das, Monindra Chandra Das, Nirendera Chandra Das and Hirendra Chandra Das. Vide Sale Deed No. 715/576 dated 11.05.2007, Nirendra Chandra Das sold a parcel of land measuring 2
Amendments to pleadings under Order VI Rule 17 of CPC can be permitted even post-delay if they facilitate effective adjudication and do not cause injustice to the opposing party.
Order II Rule 2 CPC operates as a bar against a subsequent suit if the requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview.....
Amendment of plaint – If amendment is necessary for deciding real controversy between parties and for arriving at a just conclusion, such amendment could be allowed even at a late stage.
Amendments under Civil Procedure Code should be allowed to resolve real questions in controversy, provided they do not change the nature of the suit or cause undue hardship to the other party.
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