Dismissed

Aman Jindal and 2 Ors. v. M/S Tractor Auto Agency and Anr.

Gauhati HC20 Jul 2022CRP(IO)/3/2022

Case brief

AI extract

What is this about?

Petitioners sought Article 227 intervention against a Munsiff's order allowing defendants to file an additional written statement. The High Court found the lower court's discretion justified and dismissed the petition, but directed the plaintiffs could file additional evidence and set a deadline for the additional written statement.

What did the court decide?

Petition dismissed; Plaintiffs permitted to file additional evidence; Defendants to file additional written statement on or before 10th August 2022.

Aman Jindal and 2 Ors. Vs M/S Tractor Auto Agency and Anr. — Property and Title | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010000052022

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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)/3/2022

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AMAN JINDAL AND 2 ORS

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S/O SRI RAM PRAKASH AGARWAL (JINDAL) RESIDENT OF CHIRWAPATTY ROAD, DIST TINSUKIA, ASSAM, 786126

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2: SHRI RAHUL JINDAL S/O SRI RAM PRAKASH AGARWAL (JINDAL) RESIDENT OF CHIRWAPATTY ROAD DIST TINSUKIA ASSAM 786126

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3: SHRI ROHIT JINDAL S/O SRI RAM PRAKASH AGARWAL (JINDAL) RESIDENT OF CHIRWAPATTY ROAD DIST TINSUKIA ASSAM 78612

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VERSUS

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M/S TRACTOR AUTO AGENCY AND ANR AT ROAD, TINSUKIA TOWN, PO , PS AND DIST TINSUKIA, ASSAM

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2:SHRI BIJAY KUMAR SARAF S/O LATE CHANDMAL SARAF RESIDENT OF MAKUM ROAD PO PS AND DIST TINSUKIA ASSA

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Advocate for the Petitioner : MR. B DUTTA

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Advocate for the Respondent : MS P AGARWAL (r-2)

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 20.07.2022

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Heard Mr. S. Deka, the learned counsel for the Petitioners and Ms. P. Agarwal, the learned counsel appearing on behalf of the Respondents.

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This is an application under Article 227 of the Constitution challenging the order dated 30/11/2021 passed by the Munsiff No. 1, Tinsukia in Misc. (J) Case No. 23/2020 arising out of Title Suit No. 61/2016 whereby the Court below had granted leave to the Defendants to file subsequent pleadings in the form of additional written statement.

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A perusal of the impugned order shows that the said additional facts which were sought to be brought by way of the additional written statement are not new facts but providing better particulars to the facts already there in the written statement. From a perusal of the impugned order, it reveals that the Court below had exercised the discretion in allowing the said additional written statement. The reasons assigned therein in the opinion of this Court are justified, for which this Court is not inclined to interfere with the impugned order dated 30/11/2021 passed in Misc.(J) case No. 23/2020, more so in a proceedings under Article 227 of the Constitution. Accordingly, the instant petition is devoid of any merits, for which the same is dismissed.

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Be that as it may, it is also relevant to take note of that the stage at which the application was allowed was at the stage when the Plaintiffs have already adduced their evidence.

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Taking into account the aspect of the matter, the Plaintiffs may be at liberty to file additional evidence, if so deemed necessary.

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The interim order dated 3/1/2022 passed by this Court stands vacated and the

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Page No.# 3/3

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Defendants shall file their additional written statement on or before 10^th of August,

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JUDGE

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Comparing Assistant

Aman Jindal and 2 Ors. v. M/S Tractor Auto Agency and Anr.

Case brief

What is this about?

What did the court decide?

Aman Jindal and 2 Ors. v. M/S Tractor Auto Agency and Anr.

Case brief

What is this about?

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What the court decided

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