Page No.# 1/5 GAHC010225332022 2025:GAU-AS:11864 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/260/2022 BABUL DAS SON OF LATE RAJANI DAS, RESIDENT OF MANCOTTA TEPOR GAON, MANCOTTA KHANIKAR MOUZA, P.O.- TEPOR GAON, P.S. AND DISTRICT- DIBRUGARH, ASSAM. VERSUS SIMA RANI DAS AND 10 ORS WIFE OF SRI DIPAK DAS, RESIDENT OF MANCOTTA TEPOR GAON, MANCOTTA KHANIKAR MOUZA, P.O.- TEPOR GAON, P.S. AND DISTRICT- DIBRUGARH, ASSAM. 2:PRIYA NATH SONOWAL SON OF SRI KUKHESWAR SONOWAL RESIDENT OF NA-KHAR NA-GAON P.S. MORAN DISTRICT- DIBRUGARH ASSAM. 3:JAGA BANDHU DAS SON OF LATE RAM BIHARI DAS RESIDENT OF MANCOTTA TEPOR GAON Page No.# 2/5 MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 4:GOPAL CHANDRA DAS SON OF LATE RAM BIHARI DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 5:KRISHNA CHANDRA DAS SON OF LATE RAM BIHARI DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 6:DIPAK DAS SON OF LATE DINA BONDHU DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. Page No.# 3/5 7:ALOK DAS SON OF LATE DINA BONDHU DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 8:PULOK DAS SON OF LATE DINA BONDHU DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 9:SMTI. TULU DAS DAUGHTER OF LATE DINA BONDHU DAS WIFE OF NANDI DAS RESIDENT OF MANCOTTA TEPOR GAON MANCOTTA KHANIKAR MOUZA P.O.- TEPOR GAON P.S. AND DISTRICT- DIBRUGARH ASSAM. 10:SMTI. MUNMUN SAHA DAUGHTER OF LATE DINA BONDHU DAS WIFE OF SRI UTTAM KUMAR SAHA RESIDENT OF WEST MILON NAGAR LANE- J Page No.# 4/5 P.O.- C.R. BUILDING P.S. AND DISTRICT- DIBRUGARH ASSAM. 11:BUDHESWAR DIHINGIA SON OF LATE DOOM DIHINGIA RESIDENT OF EAST MILAN NAGAR P.O.- CR BUILDING P.S. AND DISTRICT- DIBRUGARH (ASSAM) Advocate for the Petitioner : MR. P J SAIKIA, SR. ADV, MR. R S MISHRA,MR K J SAIKIA,MR. A K GUPTA Advocate for the Respondent : , BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 03.09.2025 1. Heard Mr. A. K. Gupta, learned counsel for the petitioner. 2. None appears for the respondents on call in spite of service of notice upon them. 3. This application is filed under Article 227 of the Constitution of India challenging the order dated 29.09.2022, passed by the learned Munsiff No.2, Dibrugarh in Title Suit No.128/2006. 4. On 29.09.2022, the petitioner being the plaintiff was to file an amended plaint. On that day, the petitioner was to pay a cost also. That day, the learned counsel for the petitioner filed an application stating that the petitioner was suffering Page No.# 5/5 from illness and that is why he could not appear before the Court for filing amended plaint, the learned Trial Court rejected the said application and the case was posted on 07.11.2022 for arguments. 5. The reason for rejecting the application is that the case was pending for long time since 2006. 6. I have considered the submissions made by learned counsel for the petitioner. 7. Since, the Court had directed the petitioner to file an amended plaint, the Court should have allowed some time to file the same. 8. Therefore, the impugned order is bad in law and stands set aside. 9. The petitioner being the plaintiff is directed to file the amended plaint within next 4 (four) weeks from today and after that the Trial Court shall proceed to dispose of the matter in accordance with the procedure as laid down by law. 10. With the aforesaid direction, this Civil Revision Petition is disposed of. JUDGE Comparing Assistant