LAWS(GAU)-2017-10-44

RAM PRASAD BANERJEE Vs. NITIKONA CHOUDHURY

Decided On October 24, 2017
RAM PRASAD BANERJEE Appellant
V/S
Nitikona Choudhury Respondents

JUDGEMENT

(1.) Heard Mr. R.J. Bordoloi, the learned counsel for the petitioner as well as Mr. A. Biswas, the learned counsel for the respondent No. 1. None appears for respondent No. 2 although notice is deemed to be duly served.

(2.) This application under article 227 of the Constitution of India has been filed for challenging the order dated 05.05.2017 passed by the learned Civil Judge No.2, Kamrup (Metropolitan), Guwahati in Misc.(J) Case No. 730/2016 arising out of Title Suit No.387/2014, whereby the prayer for amendment of the written statement was rejected.

(3.) The respondent No.1 is the plaintiff in Title Suit No.387/2014. The said suit had been instituted for declaration, partition, separate possession and permanent injunction in respect of properties described in Schedule 1 to 6 described in the plaint. The petitioner, who was arrayed as defendant No.1 in the suit, contested the claim by filing written statement.