SOUDAMINI CHHOTARAY Vs. SURYA NARAYAN KHUNTIA

JUDGEMENT

(1.) The petitioner challenges the order dated 19.09.2009 passed by the learned Civil Judge (Senior Division), Nimapara rejecting the petition filed under Order 6, Rule 17 of C.P.C. in Title Appeal No. 64/40 of 2000 of 1996.

(2.) The mother of the petitioner, Subarna Bewa as plaintiff filed Title Suit No. 17/1988 in the Court of learned Civil Judge (Junior Division), Nimapara for declaration of right, title and interest and confirmation of possession and permanent injunction in respect of the suit properties as prescribed in different schedules of the plaint and other consequential reliefs. The original defendants were Bichitrananda Khuntia, Banambar Khuntia and Sri Thakur Nigamananda Saraswat Dev, out of whom, Bichitrananda Khuntia and Banambar Khuntia having been expired, their legal representatives were brought on record. The suit was decreed on 22.2.1996 and being aggrieved with the same, the defendants preferred Title Appeal No. 64/46 of 2000/1996 before the learned Civil Judge (Senior Division), Nimapara.

(3.) In the appellate Court when the original plaintiff-respondent detected some mistake with regard to khata numbers of the suit property, she filed a petition for amendment of the plaint so as to correct the same. The petition was rejected on 22.9.2007. Being aggrieved with the said order, she (original plaintiff-petitioner) filed the W.P.(C) No. 12557 of 2007 before this Court. As it appears during pendency of the writ petition, the original plaintiff-petition expired and in her place the present petitioner was substituted. On 24.4.2009, petitioner filed a duly constituted petition for amendment of some khata and plot numbers of the suit scheduled property. So, she filed a petition before this Court to withdraw W.P.(C) No. 12557 of 2007 with liberty to move the 2nd amendment petition. This Court vide order dated 20.8.2009 ordered that, if the petitioner so likes, she may move the second amendment petition and the learned Civil Judge, in such event shall consider the dispose of the same on its own merit and in accordance with law.