Page No.# 1/4 GAHC010136842024 2025:GAU-AS:1948 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/229/2024 SUNITA SWAMI W/O- RAJ KUMAR SWAMI, C/O- M/S SUNITA TRADERS , OPP. AAHAR RESTAURANT, JALAN BHAWAN, BABULAL PODDAR PATH, JHALUKPARA, DIBRUGARH TOWN, P.O AND P.S- DIBRUGARH, DIST- DIBRUGARH, ASSAM, PIN-786001 VERSUS PAWAN KUMAR JALAN @ PAWAN JALAN S/O- LATE JIWANRAM JALAN , R/O-JHALUKPARA, DIBRUGARH TOWN, P.O AND P.S- DIBRUGARH, DIST- DIBRUGARH, ASSAM, PIN-786001 Advocate for the petitioner(s): Mr. H Buragohain Advocate for the respondent(s): Mr. S Dutta, Senior Advocate Mr. S Dutta B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER Page No.# 2/4 24.02.2025 Heard Mr. H Buragohain, the learned counsel appearing on behalf of the petitioner and Mr. S Dutta, the learned senior counsel assisted by Mr. S Dutta, the learned counsel appearing on behalf of the respondent. 2. This is an application filed under Article 227 of the Constitution challenging the order dated 12.06.2024, whereby the application filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908 (for short, the Code) praying for amendment of the written statement was rejected. 3. This Court had perused the application under Order VI, Rule 17 filed by the petitioner herein, who was the defendant in the said suit. A perusal of the said application shows that the defendant wanted to incorporate the amendments mentioned in paragraph 5 of the said application. The said amendments which are sought to be incorporated to the written statement in the opinion of this Court are required to be inserted taking into account that it would aid in determination of the real question in controversy. It is the opinion of this Court that the said amendment sought for ought to have been allowed by the learned Trial Court. 4. This Court also cannot be unmindful of the fact that the said application had been filed at a time when the trial had already begun. The grounds of diligence as shown in the said application does not, however, inspire the confidence of this Court, inasmuch as, the amendments which were sought for were within the knowledge of the defendant at the time of filing the written statement by the defendant. 5. Taking into account the above, it is the opinion of this Court that for Page No.# 3/4 meeting the ends of justice, the amendments sought for in the application under Order VI, Rule 17 filed on 12.06.2024 by the defendant ought to have been allowed by the learned Trial Court.It is the opinion of this Court that some costs has to be imposed while allowing the amendment. Accordingly, the order dated 12.06.2024 is interfered with, thereby permitting the amendments as sought for in the petition filed on 12.06.2024 by the defendant. 6. This Court further imposes a costs of Rs.25,000/- (Rupees Twenty Five Thousand) upon the defendant which is required to be deposited before the learned Trial Court for the purpose of acceptance of the amended written statement. It is further observed that the deposit of Rs.25000/- shall be a condition precedent for acceptance of the amended written statement. 7. It is further seen that this Court vide the order dated 12.07.2024 had stayed the further proceedings in Title Suit No.134/2021 pending before the Court of the learned Civil Junior (Junior Division) No.2, Dibrugarh. The said stay order stands vacated and the parties are directed to appear before the learned Trial Court on 24.03.2025. 8. This Court further observes that the defendants shall file their amended written statement on or before 24.03.2025 and also deposit the amount of Rs.25,000/-. It is made clear that if the amended written statement is not filed on 24.03.2025, the consequences in terms with Order VI Rule 18 shall follow. 9. The learned Trial Court shall thereupon proceed with the suit in accordance with law. 10. This Court further takes note of the fact that the records of the Title Suit No.134/2021 was called for. The Registry is directed to forthwith return the records to the learned Trial Court so that on the next date so fixed hereinabove, Page No.# 4/4 the learned Trial Court is able to take up the suit proceedings. It is observed and directed that the Registry, if necessary, shall employ the services of a Special Messenger for returning the records. 11. With the above, the revision petition stands disposed of. JUDGE Comparing Assistant