DHIRENDRA NATH CHAKRAVARTY Vs. LALIT PRAKASH DUTTA

JUDGEMENT

(1.) This application under Section 115 of the Code of Civil Procedure has been filed against the order dated 1.7.94 passed by the Assistant District Judge, Sibsagar in Money Suit No. 23 of 1992 allowing two petitions preferred by the plaintiff-opp. party. One of the petition was under Order 6 Rule 17 read with Order 1 Rule 10 (2) for impleading some persons as defendants and other was an application for amendment of certain paragraphs.

(2.) Both the applications were allowed by the learned Assistant District Judge, Hence, this revision petition.

(3.) The brief facts of the case are as follows : The opp. party as plaintiff instituted a suit for damage of against the petitioner Nos. 1 to 4 as defendants. The suit was instituted in the Court of Assistant District Judge, Sibsagar and was numbered as Money Suit No. 23 of 1992. The defendants filed written statement and there a plea was taken that the petitioner No. 5, M/s Rajashree Publication Pvt. Ltd. is a Company duly constituted under the Companies Act and it is the Owner and Proprietor of the Newspaper 'Ajir Batori.' Issues were :framed in the suit and the plaintiff on 13.7.93 filed an application under Order 6 Rule 17 read with Order 1 Rule 10 (2) C.P.C. to implead M/s Rajashree Publication Pvt. Ltd. as defendant No. 5 in the suit. The plaintiff also filed an application under Section 21 of the Limitation Act on 18.9.93. Objections were filed by the defendants against these two applications. Thereafter on 1.10.93 the plaintiff filed another application under Order 6 Rule 17 C.P.C. 'for substituting in the plaint two words, namely, word 'Assault' by the word 'beat' and the word assaulted by the word 'beaten.' The defendants submitted their objections to this application also.