Page No.# 1/5 GAHC010249762023 2025:GAU-AS:7655 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/356/2023 AZIZUL HOQUE LASKAR S/O LT MOULAVI AYUB ALI LASKAR R/O HAILAKANDI TOWN WARD NO 4 P.O. P.S. AND DIST. HAILAKANRI ASSAM VERSUS RABIYA BEGUM MAZUMDER AND 9 ORS W/O LT. SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 2:JAHANARA BEGUM MAZUMDER D/O LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 3:JOHURA BEGUM MAZUMDER D/O LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 4:TAHIR HUSSAIN MAZUMDER S/O LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 5:SHAIRA BEGUM MAZUMDER D/O LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 6:JAKIR HUSSAIN MAZUMDER Page No.# 2/5 S/O LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 7:BABUL MIA MAZUMDER S/O LT MAHMOD ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 8:DILWAR HUSSAIN MAZUMDER S/O LTMAHMOD ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 9:LUTFA BEGUM MAZUMDER S/O LT MAHMOOD ALI MAZUMDER LT SHAKAT ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 788151 10:JULFA BEGUM MAZUMDER W/O LT. MAHMOD ALI MAZUMDER R/O HAILAKANDI TOWN WARD NO. 2 NEAR KATLICHERRA BUS STAD PO. VICHINGCHA P.S. AND DIST HAILAKANDI ASSAM PIN 78815 Advocate for the petitioner(s): Ms. R Choudhury Advocate for the respondent(s): Mr. MH Rajbarbhuiyan B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 11.06.2025 Heard Ms. R Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. MH Rajbarbhuiyan, the learned counsel, who appears on behalf of Page No.# 3/5 the respondent Nos.1 to 10. 2. The present petition has been filed invoking the supervisory jurisdiction of this Court challenging the order dated 07.06.2023 passed in Title Appeal No.13/2017 by the Court of the learned District Judge Hailakandi, whereby the application being Petition No.253/447 filed under Order VI Rule 17 read with Section 151 of the Code of Civil Procedure, 1908, (for short, the Code) for amendment of the plaint in Title Suit No.03/2014 was rejected. 3. This Court has duly taken note of the impugned order so passed by the Court of the learned District Judge Hailakandi whereby the reason assigned for rejecting the said amendment application was on the ground that the said amendment application was filed at a belated stage, that too, at the stage of the hearing of the appeal. 4. It was further observed by the learned First Appellate Court that the prayer for amendment of the plaint at the appellate stage cannot be allowed. 5. This Court had duly perused the application so filed seeking amendment of the plaint and from a perusal of the said application it transpires that initially the plaintiff sought for specific performance of an agreement dated 07.12.2005 against the defendant Nos.1 to 10, who are the respondent Nos.1 to 10 herein. However, the defendant No.5 did not appear and sign the said agreement, for which specific performance was sought for, and, as such, she was not bound by the agreement for sale dated 07.12.2005. It is under such circumstances, so much of the right of the defendant No.5 over the suit land, the plaintiff wanted to abandon his claim and it is under such circumstances, the application was filed seeking amendment of the plaint only to insert the reduced area of the land, which the plaintiff claimed was entitled for specific performance. It is seen Page No.# 4/5 that the learned First Appellate Court had considered the application so filed seeking amendment of the contents of the plaint, without taking into account that the plaintiff had actually sought for abandonment of his claim insofar as the defendant No.5 and thereby seeking specific performance of the agreement on the reduced area. 6. This Court further takes note of the provisions of Order XXIII Rule 1 of the Code as well as the position of law that the appeal is a continuation of the suit. Under such circumstances, it is the opinion of this Court that the plaintiff even at the stage of appeal was at liberty to seek abandonment of a part of the claim made in the plaint as well as against some defendants, who are the Respondents in the Appeal. In that view of the matter, the learned First Appellate Court ought to have allowed the amendment to the plaint. Accordingly, this Court interferes with the impugned order dated 07.06.2023 and allows the amendment application being Petition No.253/447 filed under Order VI Rule 17 of the Code. 7. The petitioner herein, who is the appellant in the appeal is directed to file the amendment plaint before the learned First Appellate Court on 27.06.2025. 8. The stay order passed earlier stands vacated. As both the parties are duly represented before this Court, they are directed to appear before the learned First Appellate Court on 27.06.2025. It is observed that if the amendment plaint is not filed on the date so fixed, the provisions under Order VI Rule 17 shall ensue. 9. With the above, the revision petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant