Page No.# 1/3 GAHC010175062024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/315/2024 PROBIN BORDOLOI S/O- LATE TARUN BORDOLOI, R/O- LURUKIHAT, DIST. JORHAT, P.O. CHENGELI GAON, P.S. JORHAT, ASSAM-785010. VERSUS DILIP KHARGHORIA AND 2 ORS S/O- LATE PROTAP KHARGHORIA, R/O- CHARIGAON, NEAR OIL GATE, P.O. CHENGELI GAON, P.S. AND DIST. JORHAT, ASSAM, PIN- 785010. 2:SUSHILA BORDOLOI W/O- LATE GOBIN CH. @ DHIREN BORDOLOI R/O- LURUKIHAT P.O. CHENGELI GAON P.S. AND DIST. JORHAT ASSAM PIN- 785010. 3:THE DEPUTY COMMISSIONER JORHAT OFFICE OF THE DEPUTY COMMISSIONER A.T. ROAD ATHGAON JORHAT ASSAM-785001 For the Petitioner(s) : Mr. A.K. Sahewalla, Advocate For the Respondent(s) : None appears Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 23.04.2025 Heard Mr. A.K. Sahewalla, the learned counsel appearing on behalf of the petitioner. 2. The supervisory jurisdiction of this Court has been invoked to challenge the order dated 24.06.2024 passed by the learned Civil Judge (Senior Division), Jorhat (hereinafter referred to as, “the learned Trial Court”) in Misc (J) Case No. 16/2023 arising out of Title Suit No. 74/2019 whereby an application seeking amendment of the plaint was rejected on the ground that if the proposed amendment is allowed than it would create confusion in the long run and it would introduce multiplicity of the suits. It was also observed by the learned Trial Court that if the amendment is allowed, it would change the nature and character of the original suit inasmuch as the plaintiff intended to introduce certain new facts from paragraphs 13a to 13h of the plaint. 3. This Court has duly perused the plaint in original as well as the application so filed seeking amendment of the plaint. It is relevant to take note of that the suit is still at the stage of summons. The defendants are yet to appear and file their written statement. 4. Considering the above, it is the opinion of this Court that the learned Trial Court failed to exercise its jurisdiction conferred upon it in the manner envisaged. 5. In view of the above, this Court interferes with the order dated Page No.# 3/3 24.06.2024 passed in Misc (J) Case No. 16/2023 arising out of Title Suit No. 74/2019 and allows the application which have been registered as Misc(J) Case No. 16/2023. 6. The petitioner is directed to file his amended plaint before the learned Trial Court on 09.05.2025, failing which the consequences in terms with Order VI Rule 18 of the Code of Civil Procedure, 1908 shall follow. The learned Trial Court shall thereupon proceed with the suit in accordance with law. 7. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant