Dismissed

Prodip Handique v. Md. Tasadduk Hussain

Gauhati HC9 May 2022CRP/370/2013

Case brief

AI extract

What is this about?

This court dismissed a revision petition challenging a trial court order requiring the plaintiff to take steps for the continuation of a counter-claim after suit withdrawal. Despite dismissal, the court granted extra time to file a written statement and directed trial court proceedings.

What did the court decide?

Appellant permitted to file written statement within 30 days; parties directed to appear by 10.06.2022.

Prodip Handique Vs Md. Tasadduk Hussain — Execution and Attachment | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010026912015

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : CRP/370/2013

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PRODIP HANDIQUE

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S/O LT. KANAK CH. HANDIQUE R/O NATBOMA HOUSEFED COMPLEX QTR. NO. BLOCK-B, FLAT NO. 201, HIZUBARI, HATIGAON, GUWAHATI.

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VERSUS

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ON THE DEATH OF MD. TASADDUK HUSSAIN HIS LEGAL HEIRS-

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SAHIDA HUSSAIN

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W/O- LATE TASADDUK HUSSAIN

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TANBIR ZIYAD HUSSAI S/O- LATE TASADDUK HUSSAIN

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FARJANA ANJUM HUSSAIN D/O- LATE TASADDUK HUSSAIN

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ALL ARE R/O- COL. J. ALI ROAD, LAKHTOKIA, GUWAHATI- 781001, DISTRICT- KAMRUP(M), ASSAM.

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-----------Advocate for : MR.B BARUAH Advocate for : MR.G J SAIKIA appearing for MD. TASADDUK HUSSAIN

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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09.05.2022

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Heard Mr. B. Baruah, the learned counsel for the applicant and Mr. P.

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K. Kalita, the learned counsel appearing on behalf of the newly impleaded

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Page No.# 2/3

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respondent Nos. 1, 2 & 3.

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By way of the instant petition under Section 115 read with section 151 of the Code of Civil Procedure, the petitioner has challenged the order dated 09.05.2013 passed by the Civil Judge No.3, Kamrup (M) at Guwahati whereby the trial court directed the defendant No. 1 to take steps of notice upon the plaintiff to appear on the next date for taking part in the trial of the counter-claim of the defendant No. 1.

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A perusal of the impugned order dated 09.05.2013 it appears that the petitioner herein as the plaintiff has instituted a suit being T.S.No.168/2010. In the said suit, the predecessor-in-interest of the newly impleaded respondents had filed written statement along with a counter-claim. On 15.06.2011, the plaintiff filed the petition No. 1700/11 for withdrawal of the suit which was permitted by the trial court. In doing so, there was no consequential order for continuance of the counter-claim for which the order dated 09.05.2013 was passed thereby directing the defendant No. 1 in the said suit to take steps upon the plaintiff for continuation of the counter-claim. It is against the said order the instant petition has been filed.

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I have perused the order dated 09.05.2013 and I do not find any jurisdictional error committed by the trial court in passing the said order.

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Consequently, the instant application is meritless and accordingly dismissed.

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However, taking into consideration that the challenge to the order dated 09.05.2013 has been pending before this Court for a decade, this Court permits the petitioner to file his written statement within 30 (thirty)

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Page No.# 3/3

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days from the date of the instant order.

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Parties are directed to appear before the trial court on 10.06.2022 on which date the petitioner/plaintiff shall file his written statement without fail.

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It is further directed that thereafter the trial court, i.e., the Court of the Civil Judge No.3, Kamrup (M) at Guwahati shall proceed with the counter-claim in accordance with the provisions of law.

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Registry is directed to return the LCR forthwith after making necessary correction in the cause title of this Revision Petition as directed by the order dated 09.05.2022 in I.A. No.2568/2015.

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JUDGE

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Comparing Assistant

Prodip Handique v. Md. Tasadduk Hussain

Case brief

What is this about?

What did the court decide?

Prodip Handique v. Md. Tasadduk Hussain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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