This interim application under Order 1 Rule 10(2) CPC sought striking out certain respondent names. The Court granted leave to strike out specific names and granted leave to amend the application, placing the risk on the applicant.
Leave granted to strike out names of designated respondents and leave granted to file an amendment application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010059092019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil) 1034/2019
1:MD NOOR MOHAMMAD
R/O VILL. 3 NO. BORGHULI, MOUZA PUB THORIA, P.S. ULUONI, DIST. NAGAON, ASSAM.
VERSUS
1:MD OMAR ALI and 21 ORS
S/O LATE ANNAS ALI, R/O VILL. NO. 3 BORGHULI, P.S. ULUONI , MOUZA PUB THORIA, DIST. NAGAON, ASSAM, PIN 782120
2:MD. MAHAR ALI
3:MD. JINNAT ALI
4:MD. ABDUL KUDDUS
ALL SONS OF LATE ANNAS ALI
6:MUSSTT. JAHANARA KHATUN
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7 ALL R/O VILL. NO. 3 BORGHULI P.S. ULUANI MOUZA PUBTHORIA DIST. NAGAON ASSAM PIN 782120
8:MUSSTT. ASMINA KHATUN WIDOW OF LATE ABDUL MALEKH R/O VILL. KOROIGURI MOUZA-LAOKHOWA P.S. RUPAHIHAT DIST. NAGAON ASSAM 782125
9:MD. SALUDULLAH S/O LATE UNIS ALI
10:MUSSTT FIRUJA KHATUN W/O LATE IDDRISH ALI
11:MD. ANOWAR HUSSAIN
12:MD. JIABUR HUSSAIN
13:MD. UMAR ALI ALL SONS OF IDDRISH ALI
14:MUSSTT JASMINA BEGUM DAUGHTER IN LAW OF IDDRISH ALI
15:ON THE DEATH OF ABDUL KUDDUS MUSSTT. JUBEDA KHATUN WIDOW
16:MAHAR ALI SON
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17:JINNAT ALI SON
18:OMAR ALI SON
19:MUST. SAHARA KHATUN DAU
20:MUST. MALEKHA KHATUN DO
21:MUST. JELEKHA KHATUN DO
22:MUST. TANABANO DAU 9-15 ALL R/O NO. 3 BORGHULI MOUZA PUB THORIA P.S. ULUWANI DIST. NAGAON ASSAM PIN 78212
Advocate for the Petitioner : MS. B CHOUDHURY
Advocate for the Respondent :
BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 10-05-2019
Heard Ms. B. Choudhury, learned counsel for the applicant. Also heard Mr. P. Deury, learned counsel for the respondents.
By this petition filed under Order 1 Rule 10(2) CPC the petitioner sought for striking
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out the names of respondent Nos. 8, 13, 14,15(a), 15(b),15(c) and 15(d).
Leave is granted however, the same is at the risk of the appellant/petitioner.
It is further stated that the identities of some of the remaining respondents are wrong and as such Ms. Choudhury sought for leave to file an amendment application.
Leave is granted.
This application stands disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether leave to strike out certain respondent names and amend the application should be granted.
Whether identities of respondents are wrongly stated.
1 provisions across 1 enactments
MD NOOR MOHAMMAD
MD OMAR ALI and 21 ORS
Prasanta Kumar Deka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
