PAWAN KUMAR PATODIA Vs. VIJOY KUMAR BHUTORIA

JUDGEMENT

(1.) This appeal by the defendant No.6 is directed against the judgment and decree dated 21 st January, 2000 passed by the learned Civil Judge (Senior Division), No.2, Guwahati in Title Appeal No.55/1997 allowing the appeal preferred by the plaintiff thereby decreeing the suit of the plaintiff as against the appellant/defendant No.6 by partly setting aside the judgment and decree dated 30th June, 1997 passed by the learned Civil Judge (Junior Division) No.1, Guwahati in Title Suit No.262/1996 (earlier Title Suit No.149/1989).

(2.) The respondent No.1 as plaintiff instituted Title Suit No.149/1989 initially in the Court of the Assistant District Judge, No.1 at Guwahati, which suit, however, was subsequently transferred to the Court of the learned Civil Judge (Junior Division) No.1, Guwahati and consequently renumbered as Title Suit No.262/1996, against the present appellant as well as the proforma respondent Nos.2 to 5 praying for the following decree:-

(3.) During pendency of the suit, an application seeking amendment of the prayer in the plaint was filed by the plaintiff on 6th July, 1993, which was allowed by the learned Trial Judge vide order dated 19th February, 1994. The payer in the plaint as stood after its amendment reads as follows:-