Surekha Bedi v. Ranjan Adhikari and Anr

ORDER Date : 12.06.2024

Heard Mr. A. Das, learned counsel appearing for the petitioner and Mr. P. Page No.# 2/3 Khataniar, learned counsel appearing for the respondent No. 2. None appears for the respondent No. 1 in spite of service of notice.

¶2This is an application under Article 227 of the Constitution of India challenging the order dated 31.08.2022 passed by the learned Civil Judge No. 3, Kamrup (M) at Guwahati in Misc. (J) Case No. 17 of 2022 arising out of Title Suit No. 374 of 2021.

¶3The present petitioner filed a suit being Title Suit No. 374 of 2021 against the respondent No. 1 praying for a decree of mandatory, prohibitory and perpetual injunction against the said respondent.

¶4Thereafter, the respondent No. 1 filed an application before the Trial Court stating that he had already sold the property to the respondent No. 2 and therefore, his name should be struck off from the title page of the plaint.

¶5The Trial Court agreed and struck off his name.

¶6The petitioner being the plaintiff has filed the present Revision Petition challenging the order of the Trial Court.

¶7I have considered the submissions made by the learned counsel of both sides.

¶8In a civil suit, the plaintiff is the dominus litis. Therefore, without the consent of the plaintiff the name of the defendant cannot be struck off from the title page of the plaint.

¶9Therefore, the impugned judgment is bad in law and stands set aside. The name of the respondent No. 1 shall be restored in the title page of the plaint before the Trial Court. Page No.# 3/3 With the aforesaid directions, the Revision Petition stands disposed of. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010235622022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/276/2022 SUREKHA BEDI D/O- MANOHAR LAL VERMA, R/O- B2/603, HOUSEFED COMPLEX, RUPNAGAR, SRIMANTAPUR ROAD, BHANGAGARH, GUWAHATI-781032, ASSAM VERSUS RANJAN ADHIKARI AND ANR. S/O- LATE UDAY NANDA ADHIKARI, R/O- H/NO. 6, CHANDMARI, PUB- SARANIA, GUWAHATI-781003. 2:MANORANJAN CHOUDHURY S/O- LATE MADAN CHOUDHURY R/O- H/NO. 9(A) BAGHARBORI SATGAON ROAD GUWAHATI-781037 Advocate for the Petitioner : MR. A DAS Advocate for the Respondent : MR. P KHATANIAR BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA