Page No.# 1/4 GAHC010068642024 2025:GAU-AS:8207 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No.: CRP(IO)/210/2024 AMIT DHELIA AND 3 ORS S/O- LATE SANTOSH DHELIA 2: ANKIT DHELIA S/O- LATE SANTOSH DHELIA. BOTH ARE R/O PALTAN BAZAR P.O- JALAN NAGAR P.S AND DIST- DIBRUGARH ASSAM PIN-786005 3: MANUMOTI GOGOI W/O- LATE JYOTI PRASAD GOGOI 4: SANJU GOGOI S/O- LATE JYOTI PRASAD GOGOI BOTH SL NO-3 AND 4 ARE R/O RAJAKHAT NIZ LAHOAL P.O AND P.S- LAHOAL DIST- DIBRUGARH PIN-786010 VERSUS ROFIQUE HUSSAIN AND 3 ORS S/O- LATE HASIM ALI 2:LUCKY BEGUM Page No.# 2/4 D/O- LATE HASIM ALI BOTH ARE R/O BOKEL JAPIHOJIA VILLAGE P.O AND P.S- LAHOWAL DIST- DIBRUGARH PIN-786010 3:JINNA ALI S/O- LATE HASEN ALI BOTH ARE R/O BOKEL JAPIHOJIA VILLAGE P.O AND P.S- LAHOWAL DIST- DIBRUGARH PIN-786010 4:SAZID HUSSAIN S/O- LATE KASIM ALI BOTH ARE R/O BOKUL JAPIHOJIA VILLAGE P.O AND P.S- LAHOWAL DIST- DIBRUGARH PIN-786010 For the petitioner (s) : Mr. B. Dutta, Sr. Advocate Mr. S. Deka, Advocate For the respondent (s) : Mr. A. R. Shome, Advocate Mr. G. Imtiayaz, Advocate Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 18.06.2025 Heard Mr. B. Dutta, the learned senior counsel assisted by Mr. S. Deka, the learned counsel appearing on behalf of the petitioners and Mr. A. R. Shome, the learned counsel who appears on behalf of the respondent Nos.1 & 2 as well as Mr. G. Imtiaz, the learned who appears on behalf of the respondent Nos.3 & 4. 2. The petitioners herein have assailed the order dated 13.06.024 passed in Misc.(J) Case No.152/2024 whereby the learned Court of the Civil Judge (Senior Division), Dibrugarh permitted the respondent Nos.1 & 2 herein who were the defendant Nos.7 & 9 in Title Suit No.155/2023 to be transpositioned as plaintiffs in the said suit upon the original plaintiffs, i.e. the respondent Nos.3 & 4 withdrawing the said suit without liberty. The learned Trial Court not only transpositioned the respondent Nos.1 & 2 herein who were the defendant Nos.7 & 9 in the said suit, but also permitted the said defendant Nos.7 & 9 to file separate pleadings and also pay court fee. The said order in the opinion of this Court is contrary to the settled principles of law in respect to transposition of a defendant as a plaintiff, and more so, when the defendant Nos.7 & 9 were directed to file separate Page No.# 4/4 pleadings and to pay court fees 3. Accordingly, this Court interferes with the order dated 13.06.2024 passed in Misc.(J) Case No.152/2024. This Court having interfered with the order dated 13.06.2024 and taking into account that vide another order dated 11.06.2024, the petition filed by the plaintiffs for allowing them to withdraw the suit was allowed, the suit being Title Suit No.155/2023 stands closed on withdrawal. 4. This Court, however, observes that the defendant Nos.7 & 9 in Title Suit No.155/2023 who are the respondent Nos.1 & 2 herein would be at liberty to file a suit seeking similar reliefs as sought for in Title Suit No.155/2023, if so advised. 5. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant