Page No.# 1/5 GAHC010024892025 2025:GAU-AS:1671 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/45/2025 SYED MD GHAYASSUDDIN AND 5 ORS S/O SAYED MD. MUSTAQUIN, R/O LAKHINATH BEZBARUAH ROAD, SOUTH HAIBARGAON, MOUZA-TOWN, P.S.-SADAR, DIST- NAGAON, ASSAM 2: MUSTT. SHABANA KHATOON W/O SAYED MD. GHAYASSUDDIN R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 3: MUSTT. ASAM KARIM W/O DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 4: MD. ZAFRUL KARIM S/O LATE DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 5: MD. JAVED KARIM S/O LATE DR. REZAUL KARIM Page No.# 2/5 R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSAM 6: MUSSTT. ZAFREEN ZEENAT KARIM D/O LATE DR. REZAUL KARIM R/O LAKHINATH BEZBARUAH ROAD SOUTH HAIBARGAON MOUZA-TOWN P.S.-SADAR DIST- NAGAON ASSA VERSUS MD. MAJIBUR RAHMAN AND 2 ORS. S/O LATE MOFIZUR RAHMAN, R/O BHAGIRATH BORDOLOI PATH, SOUTH HAIBARGAON, MOUZA-TOWN, P.S.-SADAR, DIST- NAGAON, ASSAM 2:MUSSTT. NADIRA HUSSAIN W/O NAIMUL R/O FLAT NO. B-304 EMPIRE RESIDENCY FRIENDS PATH HATIGAON GUWAHATI ASSAM-781038 3:MUSSTT. RABIA AHMED W/O LATE DR. HASAN AHMED R/O FLAT NO. RW-3 LANDMARK RESIDENCY MAHATMA GANDHI ROAD MACHKHOWA GUWAHATI DIST- KAMRUP (M) ASSAM-78100 For the Petitioner(s) : Ms. S. Todi, Advocate For the Respondent(s) : Mr. P. Deka for caveator Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 17.02.2025 Heard Ms. S. Todi, the learned counsel appearing on behalf of the petitioners. Mr. P. Deka, the learned counsel appears on behalf of the caveator. 2. This is an application under Article 227 of the Constitution of India challenging the order dated 04.11.2024 passed in Title Suit No. 305/2022 as well as another order dated 04.11.2024 passed in M.J Case No. 75/2023 by the Court of the learned Civil Judge (Jr. Division No. 1), Nagaon (hereinafter referred to as, “the learned Trial Court”) whereby the applications seeking amendment of the written statement, the counter claim as well as the written objection filed to the injunction application were rejected. 3. From a perusal of the materials on record, it is seen that the petitioners vide petition No. 1401/2023 and petition No. 1402/ 2023 sought for amendment of the written statement as well as the counter claim. These applications were rejected vide an order dated 04.11.2024 passed in Title Suit No. 305/2022. It is further seen that the petitioners herein had also filed another application which was registered as petition No. 1403/2024 in M.J Case No. 75/2023 wherein in the written objection the petitioners sought to include the same amendment which was sought for in petition Nos. 1401/23 and 1402/2023 as referred to above. All these petitions were rejected by order dated 04.11.2024 passed in Title Suit No. 305/2022 and another order dated 04.11.2024 passed in M.J Page No.# 4/5 Case No. 75/2023. 4. This Court has duly perused the amendment sought for and the reasons so assigned by the learned Trial Court. The reasons assigned by the learned Trial Court is that such amendments so sought for were not necessary for deciding the real question in controversy and there were adequate avenues available by which the petitioners i.e., the defendant Nos. 3 to 8 in the suit could have redressed their grievances passed by the Court. 5. This Court upon perusing the amendment so sought for and that too when the trial is yet to begin in the suit as well as in the counter claim proceedings is of the opinion that the learned Trial Court ought to have allowed these amendments inasmuch as the plaintiff would have an opportunity to rebut to the statements by filing additional written statement to the counter claim. 6. Accordingly, this Court interferes with the order dated 04.11.2024 passed in Title Suit No. 305/2022, as well as the order dated 04.11.2024 passed in M.J Case No. 75/2023 and thereby allows the applications which were registered as petition Nos. 1401/2023, 1402/2023 and 1403/2024. 7. The petitioners herein who are the defendants in the suit as well as also counter claimant would be required therefore to file their amended written statement, amended counter claim and amended written objection by 06.03.2025 before the learned Trial Court, failing which the provisions of Order VI Rule 18 of the Code of Civil Procedure, 1908 would come into play. Page No.# 5/5 8. Before parting with the record, this Court however observes that the interference to the order dated 04.11.2024 in Title Suit No. 305/2022 shall not affect the directions passed by the learned Trial Court in petition number 3728/2024 whereby the defendant No. 7 was granted a further opportunity to file written objection. 9. With the above observations and directions, the instant petition stands disposed of. JUDGE Comparing Assistant