Chintamoni Mahanta v. On Death of Puspa Mahanta His Legal Heirs - Pranati Borthakur and 5 Ors

O R D E R

29.05.2024

None appears on behalf of the petitioner on call.

¶2Mr. G. Bharadwaj, the learned counsel appears on behalf of the respondents.

¶3It is seen that on the earlier occasion also, the petitioner was not represented for which the instant proceedings were dismissed for non-prosecution. However, subsequently vide an order dated 04.04.2023, the proceedings was restored. Inspite of that, none has appeared on behalf of the petitioner on 28.04.2023. Today also none has appeared on behalf of the petitioner. Under such circumstances, this Court takes up the instant proceedings for disposal.

¶4The instant petition has been filed challenging the order dated

28.03.2018 passed by the learned Munsiff No.2, Kamrup (M) at Guwahati in Title Suit No.37/2013. A perusal of the said order shows that the petitioner herein who is also the plaintiff had filed two applications before the learned Trial Court. The first application was an application under Order XVI Rule 2 of the Code of Civil Procedure, 1908 (for short, 'the Code') for issuance of summons upon the Senior Sub-Registrar, Kamrup

(M) for production of various original Sale Deeds being Sale Deed No.3045 dated 22.02.2008; Sale Deed No.5652/2000 dated 07.08.2000; Sale Deed No.2752 dated 07.05.1999; Sale Deed No.10191/05 dated 22.08.2005; Sale Deed No.2346/98 dated 14.05.1998; Sale Deed No.2763/99 dated Page No.# 4/5

07.05.1999 and Power of Attorney being Deed No.972/05 dated

17.02.2005. In addition to date, vide another petition which was under Order XIII Rule 10 of the Code, the original records of land sale permission vide No.1056/05 bearing File No.1056/05/25 dated 27.06.2005 was sought for from the GMDA, Bhangagarh.

¶5The learned Trial Court vide the order dated 28.03.2018 partly allowed the petition No.2949 thereby calling for the official witness from the Office of the Senior Sub-Registrar, Kamrup (M) in respect to the Sale Deed No.3045 dated 22.02.2008. However, the learned Trial Court rejected in respect to calling for the original of the other Sale Deeds on the ground that there was no pleadings in the plaint in respect to those Sale Deeds. As regards the petition No.2950, the same was also rejected on the ground that there was no mention in the pleadings as regards the said sale permission.

¶6This Court finds it very pertinent at this stage to take note of the provisions of Order VII Rule 14 of the Code which stipulates that if a plaintiff sues and relies on a particular document, the said has to be enclosed along with the plaint. It is also mentioned that in the circumstance the plaintiff is not in possession of the said document, it has also to be mentioned in the plaint as to in whose possession and power the said document is. In the instant case, the learned Trial Court has rightly passed the impugned order in as much as when there is no mention about those documents, more particularly the other Sale Deeds or the sale permission in the pleadings, the question of issuance of any direction to the authorities to produce those documents was not necessary. Page No.# 5/5

¶7Accordingly, this Court finds no merit in the instant petition for which instant petition stands dismissed.

¶8This Court further takes note of that vide the order dated

24.05.2023, the further proceedings of Title Suit No.37/2013 was stayed. The said order stands vacated and the parties herein directed to appear before the learned Trial Court on 15.07.2024.

¶9Taking into account that the petitioner is not present today, the learned Trial Court shall issue due notice to the petitioner/the plaintiff before further proceedings with the suit.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010180052018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/290/2018o CHINTAMONIoMAHANTAo S/O-oLATEoATULoCHANDRAoMAHANTA,oR/O-oFORESToSCHOOL,o JALUKBARI,oGUWAHATI-o781014,oDIST-oKAMRUP(M),oASSAM,oPRESENTLYo R/O-oUDDAIoNAGAR,oRoGoROAD,oSUCHILAoPATH,oHoNO.o109(A),oP.S-o BASISTHA,oGUWAHATI-o22,oDIST-oKAMRUP(M),oASSAM VERSUSo ONoDEATHoOFoPUSPAoMAHANTAoHISoLEGALoHEIRSo-oPRANATIo BORTHAKURoANDo5oORSo KAMRUP(M),oASSAM 1.1:PRANATIoBORTHAKUR oW/O-oLATEoPUSPAoBORTHAKUR oR/O-oLAKHIMIoNIWAS oNEARoPANJABARIoHIGHoSCHOOL oHoNO.o07 oNAMGHARoPATH oP.S-oCHACHALo(SATGAON) oGUWAHATI oDIST-oKAMRUP(M) oASSAM 1.2:AMITAVoBORTHAKUR oS/O-oLATEoPUSPAoBORTHAKUR oR/O-oLAKHIMIoNIWAS oNEARoPANJABARIoHIGHoSCHOOL oHoNO.o07 oNAMGHARoPATH oP.S-oCHACHALo(SATGAON) oGUWAHATI oDIST-oKAMRUP(M) Page No.# 2/5 ASSAM 1.3:ABHINASH BORTHAKUR S/O- LATE PUSPA BORTHAKUR R/O- LAKHIMI NIWAS NEAR PANJABARI HIGH SCHOOL H NO. 07 NAMGHAR PATH P.S- CHACHAL (SATGAON) GUWAHATI DIST- KAMRUP(M) ASSAM 2:ATUL CHANDRA MEDHI S/O- ARABINDA MEDHI R/O- RAVI ENCLAVE HENGRABARI P.S- DISPUR GUWAHATI- 781006 DIST- KAMRUP(M) ASSAM 3:CUCKOO MEDHI W/O- ATUL CHANDRA MEDHI R/O- RAVI ENCLAVE HENGRABARI P.S- DISPUR GUWAHATI- 781006 DIST- KAMRUP(M) ASSAM 4:AJIT THAKUR S/O- LATE INDRESWAR THAKUR R/O- RUKMINIGAON GHY- 22 P.S- DISPUR DIST- KAMRUP(M) ASSA For the petitioner (s) : None appears For the respondent (s) : Mr. S. Difusa, Advocate Mr. G. Bharadwaj, Advocate Page No.# 3/5 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH