SMT. KRISHNA DAS BHOWMICK Vs. AJOY KUMAR DUTTA & OTHERS.
LAWS(MEGH)-2013-7-9
HIGH COURT OF MEGHALAYA
Decided on July 10,2013

Smt. Krishna Das Bhowmick Appellant
VERSUS
Ajoy Kumar Dutta And Others. Respondents

JUDGEMENT

T. Nandakumar Singh, J. - (1.) Heard Mr. D. Mazumdar, learned counsel appearing for the petitioner. This revision petition is directed against the judgment and order of the learned Assistant Judge, Shillong dated 2-5-2013 passed in TS No. 3(H)2001 allowing the defendant No. 3 and 4 to file the written statement subject to the payment of cost of Rs. 2000/.
(2.) For this judgment proposing to pass by this court, it may not be required to issue notice to the respondents, i.e. defendant No. 3 and 4 inasmuch as the impugned order dated 2-5-2013 is not going to be quashed in whole.
(3.) Mr. D.Mazumdar, learned counsel appearing for the petitioner/plaintiff strenuously contended that only for the purpose of delaying the speedy disposal of TS NO. 3(H) 2001, applications had been filed one after another by the different persons for impleadment as defendants. It is further stated that one application was filed by Smti. E.Eblura Khongthohrem for impleadment as defendant in the TS No.3(H) 2001 claiming to be the second wife of the petitioner/plaintiff. The order of the learned Trial Court below allowing to implead Smti E.Eblura Khongthohrem as defendant in TS No.3 (H) 2001 had been set aside by this court (High Court) by an order dated 14-12-2007 passed in CR(P)No.(SH) 38/2006. Thereafter, other two persons, i.e. respondent No. 3 and 4 in the present revision petition filed another application for allowing them to be impleaded as defendant No. 3 and 4 respectively in TS No.3(H) 2001 claiming themselves to be the sons of the petitioner/plaintiff born to Smti E.Eblura Khongthohrem. The said order of the Trial Court for allowing the respondent No. 3 and 4 as defendants in the TS No.3(H) 2001 was not assailed by the petitioner by filing a revision petition or otherwise in the High Court. Therefore, the said order of the Trial Court for impleadment of respondent No. 3 and 4 as defendant No. 3 and 4 in TS. NO. 3(H) 2001 had attained finality.;


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