Allowed

Tapi Ronya v. Tapi Tamang and 2 Ors.

Gauhati HC20 Jun 2023IA(C)/111/2023

Case brief

AI extract

What is this about?

In this interlocutory application under Order VI Rule 17 CPC, the Gauhati High Court allowed the amendment of the cause title and prayer portion of a connected appeal. It permitted the applicant to correct the inclusion of Section 100/151 CPC as the disputed order was a remand order under Order XLI Rule 23(a).

What did the court decide?

Allowed amplification of cause title; directed re-registration of the amended appeal as SAO.

Tapi Ronya Vs Tapi Tamang and 2 Ors. — Civil Procedure and Limitation | Gauhati HC (2023)

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Page No.# 1/4

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GAHC040007902023

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

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Case No. : IA(C) 111/2023

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1:Tapi Ronya

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W/o Late Tapi Taley, R/o Hong Village, PO/PS Ziro, District Lower Subansiri, Arunachal Pradesh.

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VERSUS

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1:Tapi Tamang and 2 Ors.

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S/o Late Tapi Taker, R/o Hong Village, PO/PS Ziro, District Lower Subansiri, Arunachal Pradesh.

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2:Tapi Rajen S/o Late Tapi Hanya R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh

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3:Tapi Tagia S/o Late Tapi Hanya R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Prades

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Advocate for the Petitioner : Subu Tapin

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Advocate for the Respondent :

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Page No.# 2/4

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Linked Case : IA(C) 180/2022

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1:Tapi Ronya W/o Late Tapi Taley R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.

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VERSUS

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1:Tapi Tamang and 2 Ors. S/o Late Tapi Taker R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.

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2:Tapi Rajen S/o Late Tapi Hanya R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.

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3:Tapi Tagia S/o Late Tapi Taker R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.

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Advocate for the Petitioner : Subu Tapin Advocate for the Respondent :

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Linked Case : RSA 3/2022

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1:Tapi Ronya W/o Late Tapi Taley R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh.

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Page No.# 3/4

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VERSUS

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1:Tapi Tamang and 2 Ors. S/o Late Tapi Taker R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh. 2:Tapi Rajen S/o Late Tapi Hanya R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh 3:Tapi Tagia S/o Late Tapi Hanya R/o Hong Village PO/PS Ziro District Lower Subansiri Arunachal Pradesh

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Advocate for the Petitioner : Subu Tapin Advocate for the Respondent : Khoda Tari

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BEFORE

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HONBLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 20.06.2023

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Heard Mr. S. Tapin, the learned counsel for the applicant and Mr. G. Riba, the learned counsel for the respondent/opposite party.

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This is an application under Order VI Rule 17 of the Court of Civil Procedure 1908 for amendment of cause title and prayer portion of the connected appeal.

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Page No.# 4/4

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Mr. S. Tapin, the learned counsel for the applicant submits that while challenging the order dated 20.05.2022 by filing the connected appeal, the provisions of Section 100 CPC R/W Section 151 of CPC has been inserted without realising that the impugned order passed by the learned First Appellate Court is not a decree but a remand order which falls within the meaning of Order XLI Rule 23 (a). He further submits that he may be also allowed to amend/correct the prayer portion of the appeal.

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Having heard the learned counsel for the applicant and also not been objected to by the learned counsel for the respondent, the prayer as indicated herein above is allowed.

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Accordingly, the applicant is directed to file the amended appeal. On the presentation of the amended appeal, the Registry is directed to re-register it as SAO.

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Interlocutory application is disposed of.

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Comparing Assistant

Tapi Ronya v. Tapi Tamang and 2 Ors.

Case brief

What is this about?

What did the court decide?

Tapi Ronya v. Tapi Tamang and 2 Ors.

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

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