SUNIL GHOSH Vs. DIJENDRA LAI DAS

JUDGEMENT

(1.) The petitioner as plaintiff had filed a suit [T.S. No. 59/91 (N) renumbered as T. S. 93/93 (H) in the Court of the Assistant District Judge, Nagaon for declaration of right, title and interest of the plaintiff over the suit land and for khas possession. In paragraph 1 of the plaint, it was averred as under:

(2.) In the schedule to the plaint, the suit property is described as under

(3.) An application was filed by the plaintiff under O.6, Rule 17 of the Code of Civil Procedure seeking permission to amend the southern boundary of the suit property in the schedule to the plaint. So far as the southern boundary in the schedule to the plaint is concerned. It has been mentioned as "A.P. Land in possession of Digendra Lai Das." It was sought to be substituted by mentioning "Road leading towards Harlongfar River". This application for amendment was disallowed by the Trial Court by the impugned judgment dated 26.8.1997. Hence the present revision petition. While admitting this revision petition, the Motion Bench had stayed the further proceeding of the case pending before the Trial Court by order dated 15.9.1997.