Allowed¶23

Obyat Dai @ Abyat Dai v. Tamut Tasung

Gauhati HC2 Feb 2025IA(C)/189/2024

Case brief

AI extract

What is this about?

Amendment of civil revision petition; inadvertent omission of prayer to quash Kebang decision dated 19.02.2020; Section 151 read with Order VI Rule 17, Code of Civil Procedure, 1908; CRP. No.11(AP)2023; Gauhati High Court, Itanagar Bench; Arunachal Pradesh (East Siang/Pasighat); applicants Obyat Dai @ Abyat Dai vs Tamut Tasung; counsel Binter Picha and Orin Modi; order by Justice Kardak Ete dated 03-02-2025; interlocutory application IA(C)/189/2024 allowed and disposed of.

What did the court decide?

The applicant is permitted to amend paragraph Nos. 12, 14 and the prayer portion of the connected Civil Revision petition CRP. No.11(AP)2023; the I.A. stands allowed and disposed of. ¶23

Obyat Dai @ Abyat Dai Vs Tamut Tasung — Gauhati HC (2025) — LawSathi Research

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Page No.# 1/2

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GAHC040013542024

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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)/189/2024

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Obyat Dai @ Abyat Dai

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Son of Lt. Tanari Dai, Permanent Resident of Village Yagpo, PO/PS Pasighat, East Siang District, Arunachal Pradesh.

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VERSUS

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Tamut Tasung

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Son of Lt. Sula Tasung, Permanent Resident of Village Boying, PO Balek, PS Pasighat, East Siang District, Arunachal Pradesh.

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Advocate for the Petitioner : Binter Picha,

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Advocate for the Respondent : Orin Modi,

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BEFORE

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HONOURABLE MR. JUSTICE KARDAK ETE

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ORDER

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Date : 03-02-2025

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Heard Mr. B. Picha, learned counsel for the applicant.

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None appears for the sole opposite party/respondent, although Mr. O. Modi, learned counsel had appeared and accepted notice on behalf of the opposite party/respondent on 04.10.2024.

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This is an application filed under Section 151 read with Order VI Rule 17

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Page No.# 2/2

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of the Code of Civil Procedure, 1908, seeking amendment of paragraph Nos.12, 14 and prayer portion of the connected Civil Revision petition being CRP. No.11(AP)2023.

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It is submitted by Mr. Picha, learned counsel for the applicant that the applicant has inadvertently failed to make a prayer for quashing and setting aside of the impugned Kebang decision dated 19.02.2020 in the Revision petition. He further submits that although, the applicant has taken various grounds challenging the impugned Kebang decision dated 19.02.2020, but no specific challenge has been made in the prayer portion. Therefore, he prays that paragraph Nos.12, 14 and prayer portion of the connected Civil Revision petition may be allowed to be amended.

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Having considered the grounds cited in the application for amendment, I am of the view that the applicant has made out a case for amendment of the Civil Revision petition. Accordingly, I deem it appropriate to allow this application by allowing the applicant to amend the paragraph Nos. 12, 14 and prayer portion of the connected Civil Revision petition and hence, allowed.

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The I.A. stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Obyat Dai @ Abyat Dai v. Tamut Tasung

Case brief

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Obyat Dai @ Abyat Dai v. Tamut Tasung

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