Page No.# 1/4 GAHC010102642024 2025:GAU-AS:6176 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/172/2024 LATIKA BARUAH AND ANR W/O LATE KHIROD KUMAR BARUAH, RESIDENT OF SILSAKOO, NORTH GUWAHATI 781030 PRESENTLY RESIDING AT FLAT NO. 795, BLOCK 7, JALVAYU TOWERS, SADANANDA NAGAR, BANGALORE 560038 2: NILAKSHI BARUAH S/O LATE KHIROD KUMAR BARUAH RESIDENT OF SILSAKOO NORTH GUWAHATI 781030 PRESENTLY RESIDING AT FLAT NO. 795 BLOCK 7 JALVAYU TOWERS SADANANDA NAGAR BANGALORE 56003 VERSUS RAKHAL DAS AND 3 ORS S/O LATE PARESH DAS RESIDENT OF DHEKIAJULI WARD NO. 10, PO AND PS DHEKIAJULI, DIST SONITPUR, ASSAM 784110 2:SMTI SEWALI PATAR W/O SRI SOMESWAR PATAR RESIDENT OF HOUSE NO. 102 PATAR NIGAZI PAAM MADHYAM KHANDA CHINAKI CHOWK NORTH GUWAHATI TOWN COMMITTEE WARD NO. 3 PO AND PS NORTH GUWAHATI GUWAHATI 781030 Page No.# 2/4 3:SRI RAJU KUMAR RAJAK W/O LATE MAHABIR RAJAK RESIDENT OF HOUSE NO. 28 SHIVPUR LAKSHMI MANDIR BELTOLA PO BELTOLA PS BASISTHA DIST KAMRUP M ASSAM 781028 4:DR. DEVAJYOTI BHATTACHARYYA S/O LATE BHUPAL CH. BHATTACHARYYA RESIDENT OF HOUSE NO. 43 SANTIPATH R.G BARUAH ROAD PO ZOO ROAD GEETANAGAR GUWAHATI 78102 For the Petitioner(s) : Mr. D. Kalita, Advocate For the Respondent(s) : Mr. J. Deka, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 16.05.2025 Heard Mr. D. Kalita, the learned counsel appearing on behalf of the Petitioners and Mr. J. Deka, the learned counsel appearing on behalf of the respondent No.4. 2. The instant application has been filed challenging the order dated 13.12.2023 passed in Title Suit No.82/2021 whereby the learned Trial Court i.e. the Court of the Civil Judge (Senior Division), Kamrup at Amingaon had rejected the request made by the plaintiffs who are the Page No.# 3/4 petitioners herein for taking up the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short ‘the Code’) prior to deciding the application filed under Order XIV Rule 2 of the Code which have been registered and numbered as Misc. (J) Case No.145/2023. 3. This Court has duly taken note of that issues are required to be framed on the basis of the pleadings. The preliminary issues are also to be adjudicated on the basis of the pleadings and more particularly taking into account that the contents of the pleadings of the plaintiffs are sacrosanct. 4. Taking into account the above, this Court is of the opinion that the learned Trial Court ought to have decided the application under Order VI Rule 17 of the Code prior to deciding the application under Order XIV Rule 2 of the Code inasmuch as any decision taken in an application under Order XIV Rule 2 of the Code may lead to multiplicity of proceedings. 5. Considering the above, this Court interferes with the order dated 13.12.2023 and directs the learned Trial Court i.e. the Court of the Civil Judge (Senior Division), Kamrup at Amingaon to decide the application under Order VI Rule 17 of the Code filed by the petitioners/plaintiffs prior to any decision is taken in Misc. (J) Case No.145/2023. 6. With above observations and directions, the instant petition stands disposed of. 7. Interim order passed on 27.05.2024 stands vacated. 8. Taking into account that both the parties are duly represented, they are directed to appear before the learned Trial Court on 02.06.2025 for Page No.# 4/4 further proceedings of the suit. 9. It is seen that some of the respondents are not represented before this Court. The learned Trial Court shall proceed with the suit by informing the counsel(s) who represents the said respondents/ defendants before the learned Trial Court. JUDGE Comparing Assistant