Sarita Devi Saraf @ Sabita Devi Saraf v. Shree Bishnu Carrier and 5 Ors

ORDER Date : 25.11.2024 Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. D. J. Medhi, learned counsel for the petitioner; Mr. A. Barman, learned counsel for the respondent No.1. Mr. H. Betala, learned counsel for the respondent No.4 and Mr. T. R. Gogoi, learned Government Advocate for the respondent Nos. 5 and 6. The Office note dated 02.11.2024, indicates that notice upon respondent Nos. 2 & 3 could not be served as they have suffered demise. Mr. Dutta, learned Senior Counsel for the petitioner submits that he will take necessary step for impleading the legal heirs of respondent Nos. 2 & 3. Later on Mr. H. Betala, learned counsel for the respondent No.4 submits that vide impugned order dated 06.07.2024, in Misc(J) Case No.44/2024, arising out of Title Suit No. 31/2024, the learned Trial Court without affording any opportunity of being heard to the present petitioner, allowed the amendment petition on the same day and also struck out the name of respondent Nos. 2,3 &

¶4And as such, Mr. Betala submits that the impugned order may be set aside and the matter may be remanded to the learned Trial Court to afford an Page No.# 3/3 opportunity of being heard to the petitioner and thereafter, to pass necessary order. Mr. Dutta, learned Senior Counsel for the petitioner submits that he has no objection in the event of setting aside the impugned order and remanding the matter to the learned Trial Court. Having heard the submissions of learned counsel for both the parties, I have carefully gone through to the petition and the documents placed on record and also perused the impugned order dated 06.07.2024. As agreed by learned advocates of both the parties, the impugned order dated 06.07.2024 passed by the learned Civil Judge (Senior Division), Dhubri in Misc.(J) Case No. 44/2024, arising out of Title Suit No. 31/2024, stand set aside and the matter is remanded to the learned Trial Court to afford opportunity of being heard to the petitioner in the amendment petition and also to allow him to file objection in the amendment petition and thereafter, to hear both the parties and to pass necessary order. In terms of above, this CRP(IO) stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010155302024 ooooooo 2024:GAU-AS:11595 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/278/2024o SARITAoDEVIoSARAFo@oSABITAoDEVIoSARAFo W/Oo-oBIJAYoKUMARoSARAF,oR/OoWARDoNO.o5oDHUBRI,oASSAM-o783301 VERSUSo SHREEoBISHNUoCARRIERoANDo5oORSo AoPARTNERSHIPoFIRMoREPRESENTEDoBYoITSoPARTNERSoANDo AUTHORIZEDoREPRESENTATIVEoONEoPARTHAoPRATIMoPAUL,oS/O-oLATEo SUDHIRoKRISHNAoPAUL,oAGEDoABOUTo51oYEARS,oRESIDENToOFoWARDo NO.o13,oSHANTIoNAGARoOFoDHUBRIoTOWN,oP.O-oA.M.COoROAD,oP.SoANDo DIST-oDHUBRI,oASSAM,oPINo-o783323,oMOBILEoNO-o9435117284. 2:BHAGWANIoDEVIoSARAF oW/OoLATEoNIVASoSARAF oR/OoWARDoNO-o5oDHUBRIoTOWN.oP.OoP.SoANDoDISTTRICT-oDHUBRI oASSAM-783301 3:CHAMPAoDEVI oW/OoTULARAMoSARAF oR/OoWARDoNO-5oDHUBRIoTOWN.oP.OP.SoANDoDISTRICT-oDHUBRI oASSAM-o783301 4:MAHAVIRoPRASADoSARAF oS/OoLATEoNATHMALoSARAF oR/OoWARDoNO-5oDHUBRIoTOWN.oP.OoP.SoANDoDISTRICT-oDHUBRI oASSAM oPINCORDo-783301 5:THEoSTATEoOFoASSAM oREPRESENTEDoBYoDISTRICToCOLLECTOR oDHUBRI.oP.O oANDoDISTRICT-oDHUBRI oASSAM oPINCORD-o783301 Page No.# 2/3 6:THE SENIOR SUB -REGISTRAR DHUBRI P.O P.S AND DISTRICT- DHUBRI ASSAM PINCORD-78330 Advocate for the Petitioner : MR SISHIR DUTTA, MR D J MEDHI,MR S KHOUND Advocate for the Respondent : GA, ASSAM, MR. R K AGARWALA(R-4),MR H BETALA (R- 4),MS. D KALITA(R-4) BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN