MUSTT. MANJULA Vs. RAMESH KUMAR VIRMANI

JUDGEMENT

(1.) Heard Mr. Devashis Baruah, the learned counsel for the petitioners as well as Mr. Rup Jyoti Bordoloi, the learned counsel appearing for the respondent.

(2.) By filing this application under Art. 227 of the Constitution of India, the petitioner has challenged the order dated 28.03.2017 passed by the learned court of Munsiff No. 1, Kamrup (M), Guwahati in T.S. No. 225/2013, by which the petition No. 856/2016 filed under Order 6, Rule 17 Code of Civil Procedure for amendment of the plaint was partly rejected.

(3.) Owing to the nature of prayer made herein, the pleadings of the parties is not required to be gone into. As per the statements made in the application for amendment of the plaint, on 08.04.2003, the predecessor-in-interest of the petitioners had instituted a suit for ejectment of the respondent from the suit premises on the ground of defaulter and on the ground that the suit premises was bona fide required. The suit was numbered as T.S. No. 102/2003 and was tried by the Court of the learned Civil Judge No. 1, Kamrup, Guwahati. The respondent-defendant contested the suit by filing written statement. On 29.10.2004, the predecessor-in-interest of the petitioner died and the present petitioners were substituted in his place as substituted plaintiffs. The petitioner-Plaintiff No. 4 had further bona fide requirement the suit premises as he wanted to start his own business. At the stage of cross-examination of P.W.-1, the learned trial court granted leave to the petitioners-plaintiffs to produce documents. Challenging the said order, the respondent moved this Court by filing CRP 355/2006 under Art. 227 of the Constitution of India, wherein, this Court had stayed the proceeding of the TS 102/2003. The said revision was dismissed by order dated 03.12.2012 with a direction to the parties to appear before the trial court on 01.02.2013. On the said date fixed, the parties appeared before the learned trial court. However, due to enlargement of pecuniary jurisdiction, the suit was transferred to the Court of the learned Munsiff No. 4, Kamrup (M), Guwahati, where it was re-numbered as T.S. 225/2013 and the case was fixed for further cross examination of P.W.-1 on 24.06.2013.