Nur Islam and 14 Ors. Vs Mayuri Khatun @ Mayuri Bibi and Ors.

DISTRICT - GOALAPARA ASSAM 3:ABIDUR SHEIKH SON OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 4:KHURSHIDA BEGUM DAUGHTER OF LATE NASIMUDDIN

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RESIDENT OF VILLAGE-TARANGAPUR

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P.S. - LAKHIPUR DISTRICT - GOALPARA ASSAM 5:MOCHIRAN NESSA DAUGHTER OF LATE NASIMUDDIN RESIDENT OF VILLAGE-KATARIHARA P.O. - KATARIHARA P.S. - LAKHIPUR DISTRICT - GOALPARA ASSA

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Advocate for the petitioner(s): Mr. J Ahmed

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Advocate for the respondent(s): X X

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

Page No.# 6/7

03.03.2025

Heard Mr. J Ahmed, the learned counsel appearing on behalf of the petitioners.

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This is an application under Article 227 of the Constitution invoking the supervisory jurisdiction of this Court challenging the order dated 01.07.2023 passed in Misc.(J)Case No.91/2022 arising out of Title Suit No.21/2022 whereby the Court of the learned Civil Judge, Goalpara (hereinafter to be referred to as ‘the learned Trial Court’) had allowed the application filed by the plaintiffs/respondent No.1 herein under Order VI Rule 17 read with Sections 94 and 151 of the Code of Civil Procedure, 1908 (for short, the Code) for amendment of the plaint.

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This Court had duly taken note of the application seeking amendment of the plaint wherein due reasons had been assigned as to why the amendment to the plaint was required. From a perusal of the said application, it transpires that the amendments so sought for were required for determining the real question in controversy amongst the parties. The learned Trial Court had duly taken note of the said aspect of the matter and allowed the said amendment application while exercising its discretion.

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This Court is of the opinion that the said discretion so exercised by the learned Trial Court requires no interference. Accordingly, this Court does not find any merit in the instant application, for which, the instant revision petition stands dismissed.

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This Court further takes note of that vide the order dated 01.09.2023 further proceedings of Title Suit No.21/2022 pending before the Court of the

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Page No.# 7/7

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learned Civil Judge, Goalpara was stayed.

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Taking into account that both the parties are duly represented, they are directed to appear before the learned Trial Court on 01.04.2025. This Court further observes and directs that in the event, till date the amended plaint had not been filed, the same be filed by the plaintiffs on 01.04.2025 without fail.

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

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Interim order passed earlier stands vacated.

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JUDGE

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Comparing Assistant

Nur Islam and 14 Ors. v. Mayuri Khatun @ Mayuri Bibi and Ors.

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Nur Islam and 14 Ors. v. Mayuri Khatun @ Mayuri Bibi and Ors.

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