PRADIP GHOSH Vs. SARDAR JASBIR SINGH AND OTHERS

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, the learned counsel for the petitioner and Mr. PK Roy Choudhury along with Mr. S. Baruah, the learned counsel for the respondents.

(2.) By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 18.12.2013 passed by the learned Munsiff No. 1, Jorhat in Misc. (J) Case No. 63/2013 arising out of Title Suit No. 10/2010, thereby rejecting the application under Order 6, Rule 17 of C.P.C., refusing the payer of the petitioner to amend the plaint.

(3.) The limited facts relevant for the purpose of this case is that the petitioner is owner of the plot of land which is adjacent to private road measuring an area of 54 Sq.ft. (3.75 Lechas) (54 ft. X 10 ft.), which touched the land of both the petitioner and respondents. The petitioner claimed that he was the owner of a plot of land measuring 2 katha land and further claimed that the respondents who are already the owner of plot of land adjacent to the said road had started to claim the suit path as their own property since 17.01.2010, alleging that they have the right to make construction over the suit property. Thereafter, on 24.01.2010, the respondents No. 1 and 2 tried to erect a fencing over the suit path and again on 11.05.2010, the respondents are stated to have threatened the petitioner with dire consequence for which the petitioner had lodged an ejahar before the Jorhat Police. The petitioner had filed T.S. No. 10/2010 was filed with the following prayers:-