ARMAN HUSSAIN Vs. ANOWARA SULTANA

JUDGEMENT

(1.) Heard Shri GN Sahewalla, learned Senior Counsel assisted by Ms. S. Todi, learned counsel for the petitioners. Also heard Ms. D. Das Barman, learned State Counsel for the respondent nos. 3 and 4.

(2.) The powers under Article 227 of the Constitution of India read with Sec. 151 of the CPC is being sought to be invoked in this petition where a challenge has been made to an order dtd. 15/2/2023 passed by the learned Additional District Judge, Dibrugarh whereby the Petition bearing No. 4716/2017 filed in Title Appeal No. 01/2018 has been rejected. The aforesaid petition was filed under Order VI Rule 17 read with Sec. 151 CPC.

(3.) The petitioners were the plaintiffs and the Suit was filed for eviction. The Suit which was registered as Title Suit No. 18/2008 was however dismissed by the learned Munsiff No. 1, Dibrugarh whereafter an appeal has been preferred being Title Appeal No. 01/2018 before the learned Additional District Judge, Dibrugarh. During the pendency of the appeal, the aforesaid Petition No. 4716/2017 was filed for allowing amendment of the plaint in exercise of powers under Order VI Rule 17 read with Sec. 151 of the CPC. The learned Court vide the order dtd. 15/2/2023 has however dismissed the said petition.