MIR MOHIBUL HUSSAIN Vs. KAMRUJ ZAMAN

JUDGEMENT

(1.) The Plaintiff in Title Suit No. 972 of 2006 on the file of the learned Munsiff No. 3 (Kamrup) at Guwahati has assailed the order dated 31.7.2008 passed in Misc. (J) Case No. 312 of 2007 arising out of Title Suit No. 972 of 2006 whereby and where under the learned trial court dismissed the miscellaneous case seeking amendment of the plaint.

(2.) A brief facts are necessary to understand the case set forth in the pleadings for amendment of the plaint, objection thereto and the findings arrived at by the learned trial court.

(3.) Along with the plaint, an application under order XXXIX, Rules 1 and 2 of the Code of Civil Procedure, 1908 ('the Code') was filed being numbered as Misc. (J) Case No, 505 of 2006 which came up for consideration on 8.11.2006 before the learned trial court wherein after going through the averments made in the plaint, injunction petition along with the documents annexed thereto and upon hearing the counsel representing the Petitioner/plaintiff directed the opposite parties/ Defendants to maintain status quo as on 8.11.2006 in respect of possession of the scheduled premises mentioned in the miscellaneous case, asking the opposite parties to show cause on 27.11.2006 as to why an injunction as prayed for should not be granted by the court making it clear that failing to show cause the matter will be heard and decided in absence of the opposite parties.