ON DEATH OF IBRAHIM ALI BARBHUIYA HIS LEGAL HEIRS Vs. MUSSTT RUSTANA BEGUM AND 12 ORS
HIGH COURT OF GAUHATI
On Death Of Ibrahim Ali Barbhuiya His Legal Heirs
Musstt Rustana Begum And 12 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. B. Banerjee, the learned Senior Counsel, assisted by Mr. M.J. Quadir, the learned counsel for the petitioner. Also heard Mr. N. Dhar, the learned counsel appearing for the respondents No. 5 to 13. None appears on call for respondents No. 1 to 4.
(2.) This application for review under Section 114 CPC is directed against the order dated 19.09.2017 passed by this Court in I.A.(C) No. 1345/2017 in RFA 63/2016. The connected I.A.(C) 4221/2017 is an application under Section 94(c), read with Section 151 CPC, wherein the review petitioner have prayed for ad-interim injunction for restraining the opposite parties from disturbing the possession of the petitioners in respect of the land mentioned in Schedule- 2 to 5 of the plaint. As this Court would have to deal with the same set of facts in both the cases, for convenience, both the matters have been heard and decided together.
(3.) The review petitioners are the appellants in RFA 63/2016, and they are the plaintiffs in T.S. 13/1997. The said suit was for declaration of title and partition. The said suit was dismissed by the judgment and decree dated 05.09.2016 passed by the learned Civil Judge, Hailakandi, inter-alia, on the ground that the suit was not maintainable in its present form and that the suit was bad for non-joinder of necessary parties. However, liberty was granted that the petitioners are not precluded from instituting a suit afresh by impleading all the necessary parties. The said judgment is assailed in the accompanying RFA 63/2016.;
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