L.M. COMMERCIAL HOUSE Vs. CHITTARANJAN PATOWARY
LAWS(GAU)-2018-10-127
HIGH COURT OF GAUHATI
Decided on October 24,2018

L.M. Commercial House Appellant
VERSUS
CHITTARANJAN PATOWARY Respondents

JUDGEMENT

- (1.) Heard Mr. J. Sharma, the learned counsel for the petitioner as well as Mr. AC Sarma, the learned senior counsel assisted by Mr. G. Bharadwaj, the learned counsel appearing for the respondent.
(2.) By filing this Application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 03.03.2017 passed by the learned Civil Judge No.3, Kamrup (M), Guwahati in Title Suit No.12009, thereby rejecting the application for amendment of written statement for the purpose of introducing a counter claim.
(3.) The summary of facts of the case is as follows: The respondent is the plaintiff in TS No.109. The said suit is presently pending before the court learned Civil Judge No.3, Kamrup (M), Guwahati. The suit was for declaration, eviction of petitionerdefendant and for recovery of arrear rent. The petitioner defendant contested the suit by filing written statement. As a counter blast, the petitioner has also filed Money Suit No.472009 against the respondent for realizing a sum of Rs.20,000- with interest thereon. The respondent contested the suit by filing written statement. Both suits i.e. TS No.12009 and Money Suit No.472009 were tried analogously by the learned Civil Judge, No.3, Kamrup (M), Guwahati. The learned trial court allowed TS No.109 by judgment and decree dated 15.06.2015 and found that the petitioner was entitled to recover a lumpsum amount of Rs.50,00,000- from the respondent for the cost of renovation done by the petitioner. However, the money suit No.472009 filed by the petitioner was dismissed. ;


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