RANJAN SAIKIA v. JANMONI SAIKIA @ JUNMONI SAIKIA DAS
CRP(IO)/137/2025 · 2025-05-22
Devashis Baruah
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10541 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10541 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010074092025
2025:GAU-AS:6717
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/137/2025 RANJAN SAIKIA S/O- LATE GIRIKANTA SAIKIA @ GIRIDHARI SAIKIA, R/O- SONARIGAON, MOUZA- NIZ-TETELIA,P.O- MORIGAON,ASSAM- 782105 VERSUS JANMONI SAIKIA @ JUNMONI SAIKIA DAS D/O-LATE GIRIKANTA SAIKIA @ GIRIDHAR KEOT, R/O- MORIGAON GASBARI WARD NO.8, MOUZA- MORIGAON, P.O- MORIGAON, DIST- MORIGAON, ASSAM-782105 For the Petitioner(s) : Mr. B. K. Das, Advocate
For the Respondent(s) : Mr. M. Dutta, Advocate
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 23.05.2025
Heard Mr. B. K. Das, the learned counsel appearing on behalf of the petitioner and Mr. M. Dutta, the learned counsel appearing on behalf of the respondent. Page No.# 2/3
2. The supervisory jurisdiction of this Court have been invoked challenging the order dated 12.03.2025 passed in M.J. Case No.57/2024 whereby an application under Order VI Rule 17 of the Code of Civil Procedure, 1908 was partly allowed by the learned Court of the Civil Judge (Senior Division) Morigaon (for short ‘the learned Trial Court’). 3. This Court has duly perused the impugned order dated 12.03.2025 whereby the learned Trial Court taking into account the statements which have been sought to be inserted in the plaint at paragraph Nos. 8(i) and 8(ii) as well as the reliefs which have been sought to be added have allowed and further rejected the amendment insofar as insertion of paragraph No.8 (iii) to the plaint. 4. This Court has taken note of the reasons so assigned by the learned Trial Court and taking into account that the trial have not commenced, it is therefore the opinion of this Court that the jurisdiction so exercised by the learned Trial Court do not call for any interference for which the instant petition stands dismissed. 5. This Court also takes note of that vide an order dated 30.04.2025, the further proceedings of Title Suit No.14/2022 pending before the Court of the learned Civil Judge (Senior Division), Morigaon was stayed. The said stay order stands vacated. 6. Taking into account that both the parties are duly represented before this Court, they are directed to appear before the learned Trial Court on 19.06.2025 for further proceedings of Title Suit No.14/2022. 7.
It is observed that while computing the period for filing of the additional written statement, the learned Trial Court shall further take
Page No.# 3/3 into consideration that for the period from 30.04.2025 till date, there was a stay order passed by this Court. JUDGE Comparing Assistant