LAWS(GAU)-2021-11-81

HARMOHAN TALUKDAR Vs. HIMANI DAS

Decided On November 17, 2021
Harmohan Talukdar Appellant
V/S
HIMANI DAS Respondents

JUDGEMENT

(1.) Heard Mr. R.Ali, the learned counsel appearing for the petitioners and Mr. N. Chaudhury, the learned counsel appearing for the respondent.

(2.) This is an application under Article 227 of the Constitution of India whereby the order dtd. 2/10/2019 passed by Court of the Civil Judge, Kamrup(Metro) in Title Suit No. 63/2014 has been put to challenge. Vide the order impugned in the instant proceedings the prayer for amendment of the plaint has been rejected on the ground that the same has been filed at a belated stage.

(3.) The factual matrix relevant for disposal of the instant proceedings are that the plaintiffs had filed a suit being Title Suit No. 63/2014 claiming to be owners of a plot of land as described in the Schedule to the plaint sought for cancellation of a purported deed of sale bearing No. 1312/2002 dtd. 18/2/2002 on the ground that the said purported Deed of Sale was executed fraudulently behind the back of the petitioners/plaintiffs. The reliefs claimed in the suit being relevant for the purpose of the instant lis, the same are here-in-below :-