Neelotpal Bhattacharjee and 2 Ors v. Smt. Joba Bhattacharjee

PageoNo.#o1/2 GAHC010259142022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/323/2022o NEELOTPALoBHATTACHARJEEoANDo2oORS.o S/OoLATEoNRIPENDRAoNATHoBHATTACHARJEE,oR/OoHAILAKANDIoTOWN,o WARDoNO.o3,oASHRAMoROAD,oP.O.,oP.S.oANDoDIST-HAILAKANDI,oASSAM 2:oNEELRATANoBHATTACHARJEE oS/OoLATEoNRIPENDRAoNATHoBHATTACHARJEE oR/OoHAILAKANDIoTOWN oWARDoNO.o3,oASHRAMoROAD oP.O.oP.S.oANDoDIST-HAILAKANDI,oASSAM 3:oNEETISHoBHATTACHARJEE oS/OoLATEoNRIPENDRAoNATHoBHATTACHARJEE oR/OoHAILAKANDIoTOWN oWARDoNO.o3,oASHRAMoROAD oP.O.oP.S.oANDoDIST-HAILAKANDI,oASSAM oooooooooooooooooooooooooooooVERSUSo SMT.oJOBAoBHATTACHARJEEo W/OoHIMADRIoSEKHARoBHATTACHARJEE,oD/OoAMALoKANTIo BHATTACHARJEE,oR/OoHAILAKANDIoTOWN,oWARDoNO.o12,oSTATIONo ROAD,oP.O.-HAILAKANDI,oPIN-788151,oDIST-HAILAKANDI AdvocateoforotheoPetitionerooooo:oMR.oSoPoCHOUDHURYo AdvocateoforotheoRespondento:oMS.oRoCHOUDHURYoo ooooo BEFORE HONOURABLEoMR.oJUSTICEoDEVASHISoBARUAH ORDERo Dateo:oo29-04-2024o oooooooo This ; application ; under ; Article ; 227 ; of ; the ; Constitution ; of ; India ; is ; filed challenging ; the ; order ; dated ; 08.09.2022 ; passed ; by ; the ; learned ; Civil ; Judge, Page No.# 2/2 Hailakandi, in Misc. Case No. 115/2022 arising out of Money Suit No. 16/2021. None has appeared on behalf of the petitioners on call. However, the respondent, who is the plaintiff in the suit, is duly represented by Ms. R. Choudhury, learned counsel. This Court has duly taken note that the impugned order is an order whereby the application filed by the respondent No. 1/plaintiff under Order 6, Rule 17 of the Code of Civil Procedure, 1908 (for short, "the Code") was allowed. This Court had also duly taken note that the Amendment Application reveals that amendment of the plaint was sought for by insertion of the relief of permanent injunction, which was stated to be inadvertently left out at the time of filing of the suit. It is relevant to observe that the suit is at the nascent state and the trial has not started. Considering the above, this Court finds no illegality in passing of the impugned order dated 08.09.2022, for which the instant petition stands dismissed. The interim order passed by this Court on 28.12.2022 stands vacated and the parties are directed to appear before the learned trial court on 03.06.2024 and the learned trial court shall proceed with the disposal of the suit in accordance with law.

JUDGE Comparing Assistant