Page No.# 1/3 GAHC010153242024 2025:GAU-AS:6706 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/272/2024 RABEN BORO AND ANR S/O LATE JURORAM BORO, R/O VILL- BENNIBARI, MOUZA- HOWLY, P.S.- GOABRDHANA, DIST- BAKSA (BTAD), ASSAM, PIN CODE-781316 2: PHANIDHAR DEURI S/O LATE RUDRA DEURI R/O VILL- RANGDIA MOUZA- HOWLY P.S.-GOABRDHANA DIST- BAKSA (BTAD) ASSAM PIN CODE-78131 VERSUS NATHU RAM BORO S/O LATE JURORAM BORO, R/O VILL- RANGDIA, MOUZA- HOWLY, P.S.- GOABRDHANA, DIST- BAKSA (BTAD), ASSAM, PIN CODE-781316 For the Petitioner(s) : Mr. M. U. Mahmud, Advocate For the Respondent(s) : Mr. K. A. Mazumder, Advocate Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 23.05.2025 Heard Mr. M. U. Mahmud, the learned counsel appearing on behalf of the petitioners and Mr. K. A. Mazumdar, the learned counsel appearing on behalf of the respondent. 2. The supervisory jurisdiction of this Court have been invoked challenging the order dated 10.07.2024 passed by the learned Court of the Civil Judge (Senior Division), Baksa, (hereinafter referred to as the learned Trial Court) in Misc. (J) Case No.09/2024 arising out of Title Suit No.02/2022 whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 was rejected. 3. It is seen from the records that when the suit was at the stage of arguments, an application was filed by the petitioners who were the defendants in the suit seeking amendment of the written statement as well as also the counter claim. The said application has been enclosed to the instant petition as Annexure-3. In the said petition, nowhere anything is mentioned pertaining to why the petitioners could not file the said amendment application prior to the trial having been commenced. It is also relevant to take note of that the petitioners herein continued to proceed with the suit and only at the stage of arguments, this amendment application was filed. Under such circumstances, this Court does not find any illegality in the order being passed by the learned Trial Court in rejecting the amendment application for which the instant petition stands dismissed. Page No.# 3/3 4. This Court further takes note of that vide an order dated 31.07.2024, the further proceedings of Title Suit No.02/2022 pending in the Court of the learned Civil Judge (Senior Division), Baksa at Mushalpur, BTR, Assam was stayed. The said stay order is vacated. 5. As both the parties are duly represented before this Court, they are directed to appear before the learned Trial Court on 16.06.2025 for further proceedings of the suit. JUDGE Comparing Assistant