Page No.# 1/5 GAHC010034672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/56/2025 SRI PREMENDRA BIJOY ROY S/O. LATE RAMESH CHANDRA ROY R/O. SILCHAR ROAD, WARD NO. 27, KARIMGANJ TOWN, PO. AND PS. KARIMGANJ, DIST. KARIMGANJ, ASSAM VERSUS SRI SURAJ SAHA AND ORS S/O. SUBRATA SAHA R/O. SUBHASH NAGAR, WARD NO. 15, KARIMGANJ TOWN, PO. AND PS. KARIMGANJ, DIST. KARIMGANJ, ASSAM. 2:SRI RAJ SEKHAR ROY S/O. LATE RATHINDRA BIJOY ROY R/O. C-1201 ARTICA LODHA AQUA HOUSING SOCIETY MIRA ROAD EAST NEAR DAHISAR TOLL PLAZA MAHAJANWADI THANE MAHARASTHRA PIN 401 107 3:SRI DEEP SEKHAR ROY S/O. LATE RATHINDRA BIJOY ROY R/O. HIGB59 SAKEPURI COLONY RANOPALI DEOKAALI AYODHYA Page No.# 2/5 FAIZABAD UP 224001 4:SRI RAHULENDRA BIJOY ROY S/O. LATE RAMESH CHANDRA ROY R/O. SILCHAR ROAD WARD NO. 27 KARIMGANJ TOWN PO. AND PS. KARIMGANJ DIST. KARIMGANJ ASSAM. 5:SMT. ARCHANA SAHA WO. SUBRATA SAHA R/O. SUBHASH NAGAR WARD NO. 15 KARIMGANJ TOWN PO. AND PS. KARIMGANJ DIST. KARIMGANJ ASSAM. 6:SMT. SIPTI ROY WO. LATE RANENDRA BIJOY ROY 7:SRI RAMADEEP ROY S/O. LATE RANENDRA BIJOY ROY 8:SRI DEEP SARATHI ROY S/O. LATE RANENDRA BIJOY ROY 9:SRI RITENDRA BIJOY ROY S/O. LATE RAMESH CHANDRA ROY 10:SRI SOUMENDRA BIJOY ROY S/O. LATE RAMESH CHANDRA ROY 11:SMT. ARARTI ROY @ ARATI DAS WO. LATE BIROJA KANTA DAS R/O. NILMONI ROAD KARIMGANJ TOWN P/O. SUBHASH NAGAR Page No.# 3/5 WARD NO. 15 KARIMGANJ TOWN PO. AND PS. KARIMGANJ DIST. KARIMGANJ ASSAM 12:SMT. PRONOTI ROY WO. LATE DWIJENDRA KUMAR ROY R/O. VILLAGE AND PO. MARJADKANDI PS. BADARPUR DIST. KARIMGANJ ASSA For the petitioner (s) : Mr. S. P. Choudhury, Advocate For the respondent (s) : None appears BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 25.02.2025 This is an application filed under Article 227 of the Constitution challenging the order dated 03.01.2025 passed in Misc. Case No.135/2024 arising out of Title Suit No.20/2024 by the Court of the Civil Judge (Senior Division), Sribhumi whereby the application seeking amendment of the plaint was rejected. 2. This Court has duly perused the application under Order VI Rule 17 of the Code of Civil Procedure, 1908 (for short, ‘the Page No.# 4/5 Code’) and further takes note of that the notice under Section 80 of the Code was issued subsequent to the filing of the suit. Under such circumstances, this Court is of the opinion that the Court of the learned Civil Judge (Senior Division), Karimganj was justified in rejecting the application on the ground that there was non-compliance of Section 80 of the Code at the time of filing of the suit. 3. It is however relevant to take note of that as on date, a notice under Section 80 of the Code dated 06.03.2024 had already been issued and there is no impediment if a fresh suit is filed on the basis of the said notice. 4. Considering the above that the learned Trial Court was justified in coming to an opinion that without compliance to Section 80 of the Code to allow this amendment would nullify the provisions of Section 80 of the Code, this Court is not inclined to interfere with the said order. 5. Be that as it may as the petitioner herein as plaintiff had already issued notice under Section 80 of the Code as aforesaid and taking into account that without impleading the State of Assam and its officials pursing with the present suit would not serve any useful purpose for the which the plaintiff can be well advised to withdraw the present suit with liberty to re-file. In the Page No.# 5/5 opinion of this Court, pursuing the present suit without the State would constitute other sufficient grounds within the meaning of Order XXIII Rule 1 (3) of the Code for withdrawal of the suit with liberty to re-file. 6. With the above observations, this Court is not inclined to interfere with the order dated 03.01.2025 impugned in the present proceedings. JUDGE Comparing Assistant