Dinesh Ch. Prodhani Vs Bidyut Kr. Prodhani and 13 Ors.

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GAHC010189662018

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2025:GAU-AS:2356

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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)/289/2018

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DINESH CH. PRODHANI

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S/O. LATE HARIMOHAN PRODHANI, RESIDENT OF VILL. BISONDOL PARTI, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM.

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VERSUS

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BIDYUT KR. PRODHANI AND 13 ORS. S/O. LATE HARIMOHAN PRODHANI, RESIDENT OF VILL. BISONDOI PART-I, P.S. GOLAKGANJ, DIST. DHUBRI, ASSAM, PIN 783335.

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2:TARANI KANTA PRODHANI LATE HARIMOHAN PRODHANI RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783335.

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3:ON THE DEATH OF MOHENDRA PRODHANI

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S/O. LATE HARIMOHAN PRODHANI REPRESENTED BY HIS DAUGHTER PURBI PRODHANI. RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783335.

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4:KHOKA CH. PRODHANI SON OF UMESH PRODHANI RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ

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DIST. DHUBRI PIN- 78335

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5:NIREN PRODHANI SON OF UMESH PRODHANI RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN- 78335

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6:RAJANI PRODHANI SON OF UMESH PRODHANI RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN- 78335

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7:ON THE DEATH OF CHAPALA PRODHANI

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W/O. UPENDRA PRODHANI REPRESENTED BY HIS LEGAL HEIRS NAMELY

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7.1:KAMAL SARKAR

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RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN 783335.

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7.2:TILAK SARKAR

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RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN 783335.

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8:ON THE DEATH OF CHARUBALA MONDAL W/O. ANIMESH MONDAL REPRESENTED BY HIS LEGAL HEIRS NAMELY

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8.1:SUBHASH MONDAL

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RESIDENT OF VILL. LAKHIMARI PART-II P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN- 783335

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8.2:PRODIP MONDAL

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RESIDENT OF VILL. LAKHIMARI PART-II P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN- 783335

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9:TALIMOY RAY W/O. DHIREN RAY RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN- 783335. 10:PURNIMA RAY W/O. MONDAL RAY RESIDENT OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN 783335. 11:DAKHIN BISHNA JANAKALYAN MOHILA MONDOL BISONDOI ADDRESS OF VILL. BISONDOI PART-I P.S. GOLAKGANJ DIST. DHUBRI PIN 783335. 12:THE STATE OF ASSAM REP. BY THE DEPUTY COMMISSIONER (COLLECTOR) DHUBRI ASSAM P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301. 13:THE SETTLEMENT OFFICER DHUBRI AND KOKRAJHAR DISTRICT AT DHUBRI P.O. P.S. AND DIST. DHUBRI ASSAM PIN 783301. 14:THE ASSISTANT SETTLEMENT OFFICER (CIRCLE OFFICER) GOLAKGANJ CIRCLE AT GOLAKGANJ P.O. AND P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN 783334

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For the petitioner (s) : Mr. A. A. R. Karim, Advocate

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For the respondent (s) : Ms. P. Bhattacharjee, Advocate

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R

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05.03.2025

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Heard Mr. A. A. R. Karim, the learned counsel appearing on behalf of the petitioner and Ms. P. Bhattacharjee, the learned counsel appearing on behalf of the respondent Nos.1 & 3.

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This is an application filed challenging the order dated 18.07.2018 passed by the Court of the learned Munsiff No.2, Dhubri in Title Suit No.263/2016 whereby the application filed by the petitioner for condoning the delay under Section 5 of the Limitation Act, 1963 and also to grant further extension of time to file petition for carrying out the amendment was rejected.

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It is relevant to take note of from the perusal of the said order dated 18.07.2018 that on 04.02.2017, the Trial Court had allowed the Petition No.4664 dated 21.12.2016 and directed the plaintiff to add one Bulbuli Roy as a defendant. But the plaintiff failed to make necessary amendment till 28.01.2018. On 28.01.2018, the plaintiff had come up with a petition under Section 5 of the Limitation Act, 1963 and another Petition under

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Sections 148 and 151 of the Code of Civil Procedure, 1908 (for short, ‘the Code’) for allowing the plaintiff to amend the plaint. Both these petitions were allowed vide the order dated 21.05.2018 by the learned Trial Court. But then also the plaintiff failed to amend the plaint within 14 days as per the order. Thereupon, an order was passed on 13.06.2018 by the learned Trial Court that the plaintiff had waived his right of amendment and accordingly posted the case for cross-examination of the plaintiff witnesses. Subsequent there to, the plaintiff again filed two applications on 10.07.2018 which were registered as Petition No.709/18 and Petition No.710/18. Those two petitions which were filed were rejected by the learned Trial Court vide the order dated 18.07.2018 and it is under such circumstances, the instant petition has been filed.

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This Court duly takes note of the provision of Order I Rule 10(4) of the Code which stipulates that when a defendant is added, the plaint shall unless the Court otherwise directs, be amended in such manner as may be necessary and amended copies of the summons and of the plaint shall be served on the new defendant and if the Court thinks fit, on the original defendant.

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In the instant case, it would be seen that the plaintiff was given opportunity not once but twice, then also the plaintiff failed

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to do so at his own risk.

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Considering the above, this Court finds no justification to interfere with the order dated 18.07.2018 passed in Title Suit No.263/2016.

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Accordingly, the instant petition stands dismissed.

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It is further seen that vide an order dated 29.08.2018, this Court had stayed the further proceedings of Title Suit No.263/2016 pending before the Court of the learned Munsiff No.2, Dhubri. The said order stands vacated and the parties to the suit who are duly represented herein are directed to appear before the learned Trial Court on 01.04.2025.

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On the said date, the learned Trial Court shall fix a date for cross-examination of the plaintiff witnesses and proceed with the suit in accordance with law.

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JUDGE

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Comparing Assistant

Dinesh Ch. Prodhani v. Bidyut Kr. Prodhani and 13 Ors.

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Dinesh Ch. Prodhani v. Bidyut Kr. Prodhani and 13 Ors.

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