MINOTI BORUAH Vs. SIKHAMONI BORUAH

JUDGEMENT

(1.) Heard Mr. R. Sharma, learned counsel for the petitioner. Also heard Ms. R. Choudhury, learned counsel for the respondent.

(2.) This civil revision petition is directed against the order dtd. 26/9/2022, passed by the learned Civil Judge, Sivasagar, in Title Suit No. 03/2021, allowing the petition, dtd. 30/4/2022, filed by the plaintiffs under Order XIII Rule 2 read with Sec. 151 of the Code of Civil Procedure and thereby allowed the plaintiff to produce and exhibit 5 (five) numbers of documents after filing of evidence on affidavit which were not filed at the time of filing of the suit and prior to the filing of the written statement.

(3.) The respondent, as a plaintiff, filed a Title Suit No. 03/2021 before the Court of learned Civil Judge, Sivasagar, against the present petitioners/defendants praying for a decree for declaring the plaintiff as the illegitimate daughter of Late Brojen Baruah claiming ' share of the service benefit of her father- Late Brojen Baruah, who was a Senior HR Executive of ONGCL, and also prayed for permanent injunction restraining the defendants from taking the other service benefits due to the deceased- Late Brojen Baruah. The plaintiff claimed herself to be the illegitimate daughter of Late Brojen Baruah and therefore, she claimed that she is entitled to ' share of the service benefits of Late Brojen Baruah. The plaintiff/respondent also filed a Misc (J) Case No. 05/2021 praying for ad-interim temporary injunction restraining the opposite party Nos. 1, 2 and 3 from releasing the terminal service benefit of the deceased Brojen Baruah to the present petitioners/defendants. However, the learned Court below was pleased to reject the petition of the respondent/plaintiff.