Disposed

Abul Hussain v. Md. Abdul Hamid and 14 Ors.

Gauhati HC11 May 2022CRP(IO)/14/2022

Case brief

AI extract

What is this about?

The High Court disposed of a revision petition challenging a Munsiff's order rejecting delay in filing an amended written statement in a title suit. While finding no jurisdictional error, the Court allowed amendment subject to a higher deposit of Rs.15,000/- and vacated a prior stay on the suit.

What the court decided

AI extract

Abul Hussain Vs Md. Abdul Hamid and 14 Ors. — Property and Title | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010007702022

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

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Case No. : CRP(IO)/14/2022

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ABUL HUSSAIN

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S/O LATE MUBARAK ALI, R/O VILL- AMINPARA, P.S.-ROWTA, MOUZABARSILAJHAR, DIST- UDALGURI, BTAD, ASSAM, P.O.-AMINPARA, PIN784514

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VERSUS

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MD. ABDUL HAMID AND 14 ORS. S/O LATE MUMTAZ ALI

2:SAHAR BANU

W/O MD. ABDUL HAMID

3:MD. SABED ALI

4:MD. SAJAHAN ALI

5:MUSOLIMA BEGUM

6:MD. SAHA ALI

7:MD. SAHA ALAM

8:MD. SULEMAN ALI

9:MD. AAMIR HANIJA

Page No.# 2/4

ALL SONS AND DAUGHTERS OF MD. ABDUL HAMID

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10:ALESA BEGUM D 11:AMIRAN NESSA D 12:MD. JOYNAL AABIDIN S 13:MD. NUR ISLAM ALI S 14:MD. NUR JAMAL S 15:MD NUR HUSSAIN ALL SONS AND DAUGHTERS OF LATE ABDUL MAJID R/O VILL- AMINPARA P.S.-ROWTA MOUZA- BARSILAJHAR DIST- UDALGURI BTAD ASSAM P.O.-AMINGAON PIN-78451

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Advocate for the Petitioner : MR. S CHAUHAN

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Advocate for the Respondent : MS. S AHMED (R-1 to 15)

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 11-05-2022

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Heard Mr. A.R. Shome, the learned counsel for the petitioner and Ms. D. Das, the learned counsel appearing on behalf of the respondents.

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The instant application under Article 227 of the Constitution of India has been filed challenging the order dated 26.04.2021 passed in Title Suit

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Page No.# 3/4

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No.9/2016 by the Court of the Munsiff, Udalguri whereby the petitioner’s prayer for granting a further 15 days time to file the amended written statement was rejected.

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I have heard the learned counsels for the parties and given my anxious consideration to the matter. This Court vide an order dated 22.05.2019 in CRP(I.O) No.195/2017 have allowed the application under Order VI Rule 17 subject to deposit of Rs.5,000/- before the Trial Court. This Court vide the said order further directed that the amended written statement be brought on record within 15 days from the date of the said order and both the parties were directed to appear before the learned Court below on 31.5.2019 and produce a certified copy of the order. However, the record reveals from the perusal of the impugned order itself that none of the parties appeared before the Trial Court thereafter and it was only on 09.04.2021 that the defendant appeared alongwith a certified copy of the order dated 22.05.2019 passed by this Court in CRP(I.O) No.195/2017.

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Taking into consideration that this Court had specifically directed both the parties to appear on 31.05.2019 and to file the amended written statement within 15 days, the Trial Court vide the order dated 26.04.2021 had rejected the said application and fixed the matter on 25.05.2021 for service report/crossexamination of the PWs.

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A perusal of the order dated 26.04.2021 in the opinion of this Court is justified and there is no jurisdictional error. However, taking into consideration that this Court had permitted the amendment sought to the written statement subject to the deposit of Rs.5,000/-, this Court deems it proper for the ends of justice to permit the petitioner who are the defendant in the suit to file the amended written statement within 25.05.2022.

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Page No.# 4/4

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Taking into consideration that the instant proceedings stands disposed vide the instant order, the interim order so passed on 19.01.2022 whereby the Title Suit No.9/2016 was stayed is vacated and the parties are directed to appear before the Trial Court on 25.05.2022. It is made clear that the petitioner/defendant in the suit has to deposit the said amount of Rs.5,000/- as directed by this Court in its order dated 22.05.2019 in CRP(I.O) No.195/2017 and in addition to that on account of inconvenience caused to the plaintiffs shall further deposit an amount of Rs.10,000/- on 25.05.2022 i.e. a total amount of Rs.15,000/- to be deposited before the Trial Court on 25.05.2022. It is further made clear that the deposit of the said amount of Rs.15,000/- shall be a condition precedent for acceptance of the amended written statement. Upon such deposit so made, the Trial Court shall permit the plaintiffs to withdraw the same.

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With above observations, the instant revision petition stands disposed of.

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JUDGE

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Abul Hussain v. Md. Abdul Hamid and 14 Ors.

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Abul Hussain v. Md. Abdul Hamid and 14 Ors.

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