Sivasagar Town Lakhimi and General Flat Housing Co-Operative Society Ltd v. Sri Sreemanta Lal Dowarah and 7 Ors

ORDER Page No.# 3/5 Date : 21-12-2023 On the prayer made by Mr. S. Dasgupta, learned counsel for the petitioner, the names respondent nos.5 and 8 be struck off.

¶2As per the order dated 19.10.2022 service on the other remaining respondents is accepted to be completed.

¶3By filing this application under Article 227 of the Constitution of India, the petitioner has assailed the order dated 22.11.2017 and 08.02.2019 passed by the learned Civil Judge (Senior Division), Sivasagar thereby dismissing Misc.

(J) case no.130/2017 and Misc.(J) case no.145/2017.

¶4By Misc.(J) case no.130/2017, prayer was made under Order VI Rule 17 CPC read with section 151 CPC to amend the plaint, proposing to delete the names of respondent nos.5 and 8 and to implead their legal representatives. On the said petition being rejected by order dated 22.11.2017, the petitioner had filed a review petition under Order XLVII Rule 1 CPC which was registered as Misc.(J) case no.145/2017, whereby prayer was made to review the order dated

22.11.2017.

¶5The learned counsel for the petitioner has submitted that when the suit was instituted, the petitioner-plaintiff was unaware that the defendant nos.5 and 8 had expired and therefore, the prayer for amendment of the plaint was made.

¶6Having considered the circumstances under which this Page No.# 4/5 application under Order VI Rule 17 read with section 151 CPC being Misc.(J) case no.130/2017 was filed, the Court is of the considered opinion that by way of an amendment of the plaint the parties in the proceedings cannot be struck off or added. The petitioner may be well advised of the legal provisions by virtue of which parties can be added or struck off.

¶7Having held that parties cannot be impleaded by way of amendment as there are provisions in the CPC for addition or impleading of parties, this revision is dismissed.

¶8However, it is provided that in the event an appropriate application is filed, the learned Civil Judge (Senior Division), Sivasagar shall consider the same and pass appropriate order in accordance with law and the impugned orders dated 22.11.2017 in Misc.(J) case no.130/2017 and order dated 08.02.2019 passed by the said learned Court in Misc.(J) case no.145/2017 shall not come in the way of adjudication of the appropriate application filed by the petitioner.

¶9The interim order passed earlier, staying the proceeding of the suit stands vacated.

¶10The petitioner shall appear before the learned trial Court on

19.01.2024, and by producing a certified copy of this order, await instructions by the said learned Court.

Page No.# 5/5

¶11This petition stands dismissed with liberty as prayed for.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010215732019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/327/2019o SIVASAGARoTOWNoLAKHIMIoANDoGENERALoFLAToHOUSINGoCO- OPERATIVEoSOCIETYoLTD.o UNDERoREGISTRATIONoNO.o5-3oHAVINGoITSoREGD.oOFFICEoAToSANKARo MANDIRoROADoANDoBRANCHoOFFICEoAToTHANAoROAD,oPOoANDoPS-o SIVASAGAR,oREP.oBYoTHEoSECRETARYoSRIoDHRUBAoJYOTIo@oDIGANTAo BORDOLOI,oS/O-oLT.oPRAFULLAoBORDOLOI,oAGEo44oYEARS,oR/O-o SIVASAGARoTOWN,oWARDoNO.oVII,oPO,oPSoANDoDIST-oSIVASAGAR,oASSAM. VERSUSo SRIoSREEMANTAoLALoDOWARAHoANDo7oORS.o S/O-oLT.oBASANTAoLALoDOWARAH,oR/O-oWARDoNO.oIIX,oPO,oPSoANDoDIST-o SIVASAGAR,oASSAM,oPIN- 2:SUNILAoDOWARAH oW/O-oLT.oBASANTAoLALoDOWARAH oR/O-oWARDoNO.oIIX oPO oPSoANDoDIST-oSIVASAGAR oASSAM oPIN- 3:SUSANTAoLALoDOWARAH oS/O.oLT.oHEMANTAoLALoDOWARAH oR/O-oWARDoNO.oIIX oPO oPSoANDoDIST-oSIVASAGAR oASSAM oPIN- 4:SUMANTAoLALoDOWARAH oS/O.oLT.oHEMANTAoLALAoDOWARAH Page No.# 2/5 R/O- WARD NO. IIX PO PS AND DIST- SIVASAGAR ASSAM PIN- 5:PRASANTA LAL DOWARAH S/O. LT. KUNJALAL DOWARAH R/O- WARD NO. IIX PO PS AND DIST- SIVASAGAR ASSAM PIN- 6:RINA CHOWDHURY W/O. SRI ROMEN CHOWDHURI R/O. CHANDMARI NIZARAPAR GUWAHATI-781003. 7:BINA CHOWDHURY W/O. LT. REBONANDA CHOWDHURY R/O. NA0JAN-6 UJANBAZAR GUWAHATI-01. 8:CHARULATA DOWARAH D/O. LT. LALIT DOWARAH R/O. PANCH ALI AMULAPATTY NEAR SHIVA THAN GOLAGHAT P.O. P.S. AND DIST. GOLAGHAT ASSAM Advocate for the Petitioner : MR. S DASGUPTA Advocate for the Respondent : BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA