LAWS(GAU)-2023-6-40

SOKINA BIBI Vs. GOLAM MOSTAFA MONDAL

Decided On June 14, 2023
Sokina Bibi Appellant
V/S
Golam Mostafa Mondal Respondents

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioners. Also heard Mr. B. K. Jain, learned counsel appearing on behalf of the respondents.

(2.) This civil revision petition, under Article 227 of the Constitution of India read with Sec. 151 of the Code of Civil Procedure, is directed against the Order dtd. 20/12/2022, passed by the learned Civil Judge, Kokrajhar, in Misc (J) Case No. 05/2022, whereby, the petition under Order VI Rule 17 of the Code of Civil Procedure, filed by the present petitioners for amendment of 'B' Schedule land of the plaint, was rejected.

(3.) The brief facts of the case is that the petitioners are the daughters of Late Sekandar Ali and they jointly, as plaintiffs, preferred a suit before the learned Civil Judge, Kokrajhar, against the respondents for declaration that the petitioners/ plaintiffs, being the legal heirs of Late Sekandar Ali, have right, title and interest over the total lands left by their deceased father and also prayed for partition of their share over the suit property left by their deceased father. The suit was numbered as T.S. No. 9/2019 and later on, it was transferred to the Court of learned Munsiff, Kokrajhar, and the suit was, accordingly, renumbered as T.S. No. 32/2021. But, subsequently, it was again transferred to the Court of learned Civil Judge, Kokrajhar.