M/S. ORIENTAL TALKIES ORS. Vs. GANESH CH. DAS ORS.
HIGH COURT OF GAUHATI
M/S. ORIENTAL TALKIES ORS.
GANESH CH. DAS ORS.
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K. Lahiri, J. -
(1.)This is an application under section 115 of the Code of Civil Procedure directed against the order dated 7.2.1985 passed by Sadar Munsiff No. 2, Silchar in Title Suit No. 285 of 1981 allowing the prayer of the plaintiffs to amend the plaint.
(2.)Learned Munsiff perused the application for amendment dated 5.11.84 filed by the plaintiffs, the petition dated 10.12.84 by the defendants/petitioners opposing the prayer for amendment, perused the pleadings and allowed the prayer of the plaintiffs holding that the proposed amendment would not change the nature and character of the suit.
(3.)The plaintiffs sought incorporation of para 9 (ka) of the plaint and desired to add an additional prayer. It has been stated in para 9 (ka) that during the pendency of the suit the defendants were illegally constructing a three storied R.C.C. building instead of Assam Type Cinema House which was almost completed and if the plaintiffs could establish that the defendants were constructing the house illegally "then the building would be liable to be removed at the instance of the plaintiff by the W order of the court". In the prayer portion they wanted to add prayer that - "And if it is proved that the defendants had constructed the Cinema building illegally, then order for its removal".
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