ALAUDDIN LASKAR AND ANR. Vs. TUNI DAS AND 3 ORS.
HIGH COURT OF GAUHATI
Alauddin Laskar And Anr.
Tuni Das And 3 Ors.
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. S.P Choudhury, the learned advocate for the petitioners as well as Mr. I Alom, the learned advocate for the respondent No.4.
(2.) By this application under Article 227 of the Constitution of India, the petitioners-plaintiffs have challenged the order dated 10.01.2017, passed by the learned Civil Judge No.1, Cachar, Silchar in T.S. No. 108/2015, thereby rejecting the prayer for amendment of the plaint.
(3.) The petitioners have instituted the suit claiming right, title, interest and confirmation of possession of the suit land described in Schedules 1 to 4 of the plaint; for declaration that the respondents-defendants have no right, title, interest and possession over the suit land; for permanent injunction; cost, etc. The said suit was registered as TS No. 108/2015. The respondents No.1 to 4 contested the suit by filing their joint written statement. The affidavit in support of the said written statement was sworn by the respondent No.4, who had stated therein that he was the attorney for the respondents No.1 to 3, as such, the said respondents No.1 to 3 have notice of this application. Both sides have submitted at the Bar that the said suit was fixed for evidence of the petitioners and, as such, there is no dispute at the Bar that the trial of the suit had begun. At that stage, the petitioners had filed a petition under Order 6, Rule 17 CPC for permitting them to amend the plaint.;
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