JASHKARAN GHORAWAT Vs. DULAL MANDAL

JUDGEMENT

(1.) Heard Mr. O. P. Bhati, learned counsel for the petitioner and Mr. S. P. Roy, learned counsel for the opposite parties.

(2.) The petitioner herein as plaintiff instituted Title Suit No.492/2012 in the court of learned Munsiff No.2, Kamrup at Guwahati praying for a decree of permanent injunction restraining the defendants from disconnecting of electricity and water to the tenanted premises along with other reliefs. The defendant landlord on being summoned appeared and filed written statement along with a counter -claim. The paragraph IX of the counter -claim was as follows : -

(3.) The learned trial court accordingly framed issues both on the suit as well as counter -claim and both parties adduced evidence. At the stage when the suit and the counter -claim were fixed for argument, the defendants -counter claimants filed an application praying for amendment of the aforesaid paragraph IX of the counter -claim as it came to light in the meantime that the counter -claimant did not make payment of proper and ad valorem court fee. The plaintiff contested the matter tooth and nail and thereafter the learned trial court allowed the amendment. By the proposed amendment the counter -claimant wanted to substitute earlier paragraph IX with the following paragraph IX : -