HULASHMAL VERMA Vs. TARACHAND CHIMANRAM
HIGH COURT OF GAUHATI
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Kalyan Rai Surana, J. -
(1.) Heard Mr. Hulasmal Verma, petitioner in person as well as Mr. P.J. Saikia learned counsel for the respondent.
(2.) By this revision under article 227 of the Constitution of India, the petitioner has challenged the following:
a. Order dated 16.12.2016 passed by the learned Munsiff No.1, Dibrugarh in T.S. No.3/2011 by which his petition dated 23.09.2016 under Order XIII Rule 3 CPC for rejection of plaintiff's document No.1 to 51 and 71; and
b. Order dated 22.02.2017 passed by the learned Munsiff No.1, Dibrugarh in the said suit thereby accepting plaintiff's document No.71 without leave of the Court; and
c. The allowing of marking of Exts. No.73 and 74 filed by the plaintiffs on 29.11.2017 during cross-examination of the petitioner (DW-1) without obtaining any leave from the Court.
(3.) The respondent is the plaintiff in T.S. 3/2011 which was filed by the respondent for ejection of the petitioner-defendant from the suit premises on the ground of being a defaulter in payment of rent and for bona fide requirement of the suit premises. The petitioner had contested the suit by filing written statement and accordingly issues for trial was framed by order dated 27.04.2011. The amendment of plaint was allowed and the amended plaint was filed 13.09.2013. Accordingly, the petitioner had filed his additional written statement on 09.12.2013.;
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