DINARAM SAIKIA Vs. SIVASAGAR MISING CULTURAL ORGANIZATION

JUDGEMENT

(1.) Heard Mr. P. J. Saikia, learned counsel for the petitioners. I have also heard Mr. T. Y. Mahanta, learned Senior counsel for the respondent.

(2.) By filing this application under Ss. 115 and 151 of the Code of Civil Procedure, 1908, read with Article 227 of the Constitution of India, the petitioners seek revision of the order dtd. 5/9/2018, passed by the Munsiff No.1, Sibsagar, in TS No.62/2013. The order rejected the Miscellaneous (J) No.57/15 filed by the petitioners/defendants, which prayed for acceptance of the counter-claim in the said suit on the grounds of delay and prejudice to the plaintiff.

(3.) The revision petition arises because the plaintiff/respondent instituted the suit on 18/11/2013, claiming ownership over land measuring 15 lechas covered by Dag No. 61 of PP No. 35 of Namtial Pathar. The plaintiff stated that this land was purchased in 2008 via sale deed No. 1588, and their name was mutated in the land records on 26/11/2013, by order of the Circle Officer, Sivasagar. Additionally, the plaintiff claimed ownership over 9 lechas of land covered by Dag No. 61 of PP No. 35, purchased in 1996 through sale deed No.151, with their name mutated on 25/5/2005.