Smti. Champa Bala Das v. The State of Assam and 12 Ors

ORDER Date : 29.05.2024

This is an application under Article 227 of the Constitution challenging the order dated 31.08.2023 passed by the Court of the learned Civil Judge (Junior Division) North Salmara in Title Suit No.198/2021 whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, the Code) seeking a further amendment to the plaint was rejected.

¶2This Court has perused the application under Order VI Rule 17 read with Section 151 of the Code filed by the petitioner before the learned Trial Court. This Court has also perused the amended plaint. On a conjoint reading of the amended plaint along with the application under Order VI Rule 17, it transpires that the said amendment so sought for amounts to amplification of the pleadings which were already there on record. As regards, the relief which was sought to be inserted by way of the amendment, the relief is specific taking into account that on the earlier occasion, the plaintiffs have sought for cancellation of all deeds of sale against the defendant Nos.5 to 8. Now by way of this Page No.# 4/6 amended registered deed of sale which was executed in favour of the defendant No.8 was specifically sought for cancellation. In the opinion of this Court, if these amendments are not permitted, it would result in ambiguity and at a later stage lead to unnecessary complications. Accordingly, this Court for the purpose of deciding the real question in controversy, permits the said amendment as sought for vide the application being Petition No.743/2023 filed on 17.03.2024.

¶3This Court also takes note of that upon the amendment being allowed, the suit shall revert back to the stage of filing of additional written statement and thereupon framing of additional issues, if need be. In addition to that, it may require filing of additional evidence on affidavit. Consequently, the defendants, more particularly, the defendant Nos.2 to 13 would require to file an additional written statement. This Court taking note of the costs which would be involved again to revert back to the stage of filing of additional pleadings on the last occasion, asked the counsel representing the defendant Nos.2 to 13 to file an affidavit as regards the costs which would be involved.

¶4An affidavit has been filed today. In paragraph 3 of the said affidavit, there have been details mentioned as regards the instant revision petition. But as regards the suit, what has been mentioned is an amount of Rs.10,000/- on account of hearing of the petition for amendment of the plaint and an additional amount of Rs.10,000/- for filing the additional written statement. However, there is no mention as to what further additional expenses would have to be incurred as regards the appearance fees of the counsels.

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¶5Taking into account that the amendment has been allowed by this Court hereinabove, and it would result in filing of an additional written statement as well as the other expenses on account of counsel fees, this Court reasonably is of the opinion that an amount of Rs.20,000/- would recompense the defendant Nos.2 to 13. Accordingly, this Court, therefore, permits the amendment to the plaint on the basis of the Petition No.743/2023, subject to deposit of an amount of Rs.20,000/- before the learned Trial Court by the plaintiff.

¶6This Court further vacates the earlier order of stay of the suit and directs the appearance of the parties on 19.06.2024 before the learned Trial Court and on which date, the amended plaint be filed incorporating the amendments in terms with the Petition No.743/2023 and also the amount of Rs.20,000/- be deposited before the learend Trial Court, which shall be a condition precedent for acceptance of the amended plaint.

¶7It is further observed that if on 19.06.2024, the said amended plaint and the amount of Rs.20,000/- is not deposited before the learned Trial Court, the consequence in terms with Order VI Rule 18 of the Code would follow. The defendant Nos.2 to 13 shall be at liberty to file an application before the learned Trial Court for release of the said amount and the learned Trial Court shall pass appropriate order(s) thereof.

¶8With the above, the instant revision petition stands disposed of.

JUDGE Page No.# 6/6 Comparing Assistant

PageoNo.#o1/6 GAHC010273382023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/397/2023o SMTI.oCHAMPAoBALAoDASo D/OoLATEoPIPRAoRAMoDAS,oW/OoGANESHoDAS,oVILL-BHALUKMARI,oP.O.- HARALTARI,oDIST-DHUBRIo(ASSAM) VERSUSo THEoSTATEoOFoASSAMoANDo12oORSo REPRESENTEDoBYoTHEoDISTRICToCOLLECTOR,oBONGAIGAON,oP.O.oANDo DIST-oBONGAIGAONo(ASSAM) 2:DOLENoDAS oS/OoLATEoPRAKASHoCHANDRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 3:KARUNAKANTAoDAS oS/OoLATEoPRAKASHoCHANDRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 4:BINAYoCHANDRAoDAS oS/OoLATEoPRAKASHoCHANDRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 5:ANOWARoHUSSAIN oS/OoMOSLEMoUDDIN oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) PageoNo.#o2/6 6:ABDULoMAZID oS/OoKHULAoUDDIN oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 7:HASMAToALI oS/OoJABEDoALI oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 8:ABDULoWAHAB oS/OoAJIBULLAHoSK. oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 9:HEMANTAoRAY oS/OoBIPRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 10:BAPANoCHANDRAoDAS oS/OoBIPRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 11:NIKUJAoDAS oS/OoBIPRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 12:MRIDULoDAS oS/OoBIPRAoDAS oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAM) 13:HANIFoUDDIN oS/OoGOLAPoUDDIN oR/OoVILL-KANARAoBEEL oP.O.-JOGIGHOPA oDIST-BONGAIGAONo(ASSAMo Page No.# 3/6 Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : Mr. C Sharma For respondent Nos.5 to 8 Mr. A Bhattacharyya Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH