Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:5445
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/378/2023 MOZIBAR RAHMAN AND ANR S/O LT. RAHMAN ALI, R/O VILLAGE CHINAMARI, P.O.-LAKHIGANJ, P.S.- BILASIPARA, DIST-DHUBRI (ASSAM), PIN-783348 2: MOZNU AHMED S/O LT. RAHMAN ALI R/O VILLAGE CHINAMARI P.O.-LAKHIGANJ P.S.-BILASIPARA DIST-DHUBRI (ASSAM) PIN-78334 VERSUS MONIRUZZAMAN S/O LATE SAWKAT ALI, R/O VILL-CHOKRAPARA, P.O.-LAKHIGANJ, P.S.- BILASIPARA, DIST-DHUBRI, ASSAM, PIN-873348
Advocate for the petitioner(s): Mr. MU Mondal
Advocate for the respondent(s): Mr. A Islam
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
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02.05.2025
Heard Mr. MU Mondal, the learned counsel appearing on behalf of the petitioners. Mr. A Islam, the learned counsel appears on behalf of the respondent.
2. This is an application filed by invoking the supervisory jurisdiction of this Court challenging the order dated 19.09.2023 passed in Misc.(J).Case No.90/2022 in connection with Title Suit No.05/2021 by the Court of the learned Civil Judge (Senior Division), Dhubri whereby the application filed under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, the Code) was allowed.
3. It is relevant to take note of that by way of the application seeking amendment, the plaintiff sought for amendment to incorporate subsequent events pursuant to the filing of the suit and such application was allowed by the learned Trial Court vide the impugned order.
4. It has also been brought to the attention of this Court that pursuant to the impugned order, the amended plaint has also been filed and the petitioners herein who are the defendants have also filed their additional written statement on 05.08.2024.
5. Taking into account the above, this Court finds no ground to interfere with the impugned order dated 19.09.2023 impugned in the instant proceedings, for which, the instant petition stands dismissed.
Page No.# 3/3 JUDGE Comparing Assistant