Gauhati High Court
Gautam Kumar Bordoloi And Anr vs Upakul Bordoloi And 7 Ors on 8 May, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/4
GAHC010084472019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP 66/2019
1:GAUTAM KUMAR BORDOLOI AND ANR.
S/O LT. SARADA KANTA BORDOLOI, R/O KAMALA KANTA ENCLAVE, FLAT
NO. 3(B), THIRD FLOOR, OPPOSITE BHARAT PETROL PUMP, HOUSE NO.
175, KHANAPARA, GUWAHATI-781022, KAMRUP (M), ASSAM
2: GORIMA BORDOLOI
W/O LT. ROHINI KUMAR BORDOLOI
R/O CHANDMARI COLONY
NIZARAPARA
CHANDMARI
GUWAHATI-781003
KAMRUP (M)
ASSA
VERSUS
1:UPAKUL BORDOLOI AND 7 ORS.
S/O LT. SARADA KANTA BORDOLOI, R/O RUKMANI NAGAR, BIHU FIELD,
HOUSE NO.-5, SECOND FLOOR, KHANAPARA-781022, GUWAHATI,
KAMRUP (M), ASSAM
2:ALAKJYOTI BORDOLOI
S/O LT. SARADA KANTA BORDOLOI
R/O HOUSE NO. 69 JANAKPUR NEAR DPI OFFICE
KAHILIPARA
GUWAHATI-781019
KAMRUP (M)
ASSAM
3:DIPIKA BORDOLOI
W/O BRRINCHI HAZARIAK
R/O BINAYAK APARTMENT
SECOND FLOOR
OPPOSITE FARM GATE
Page No.# 2/4
KHANAPARA-781022
GUWAHATI
KAMRUP (M)
ASSAM
4:BANDINI BORDOLOI
W/O SRI LUHIT NARAYAN KONWAR
R/O BINAYAK APARTMENT
SECOND FLOOR
OPPOSITE FARM GATE
KHANAPARA-781022
GUWAHATI
KAMRUP (M)
ASSAM
5:SANDEEP AGARWAL
S/O SHRI SANTOSH KUMAR AGARWAL
C/O- AGARWAL AUTOMOBILE JANIGANJ
SILCHAR-788001
ASSAM
6:BINOD AGARWAL
S/O SRI BADRI PRASAD AGARWAL
C/O AGARWAL AUTOMOBILE JANIGANJ
SILCHAR-788001
ASSAM
7:VIJAY AGARWAL
S/O SRI BADRI PRASAD AGARWAL
C/O AGARWAL AUTOMOBILE JANIGANJ
SILCHAR-788001
ASSAM
8:BIMAL AGARWAL
S/O SRI BADRI PRASAD AGARWAL
C/O AGARWAL AUTOMOBILE JANIGANJ
SILCHAR-788001
ASSA
Advocate for the Petitioner : MR. R C SANCHATI
Advocate for the Respondent :
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
08.05.2019 Heard Mr. R. C. Sanchati, the learned counsel for the petitioners.
In this revision petition order dated 08.03.2019 passed by the learned Civil Judge No.3, Kamrup(M) at Guwahati in Title Suit No.128/2010 is put under challenge.
Let notice be issued to the respondents.
The petitioners shall take steps on the respondents within a period of 3(three) days from today both by way of Registered post with A/D and usual process returnable on 19.06.2019.
The present petitioners as the plaintiffs filed Title Suit No.128/2010 against the present pro-forma respondent Nos.3 to 8. The principal respondents in this petition where the plaintiff Nos.2 and 3 in the said suit. The suit proceeded after the pro-forma respondents as the defendants contested by filing the petition. Evidence was also over and the suit was fixed for its judgment. On 09.05.2018 the present principal respondents jointly filed one application under Order I Rule 10(2) of the CPC seeking for striking out of the names as plaintiff Nos. 2 and 3 and implead them as defendants. The grounds for such prayer were the present petitioners without their consent had shown them as the plaintiffs in the suit and belatedly they could come to know from the pro-forma respondent No.3, Dipika Bordoloi about pendency of the suit purportedly shown to be filed by them. Though the plaintiffs/petitioners objected however vide impugned order dated 08.03.2019 the learned court below by way of the impugned order that too in a cryptic manner allowed their petition directing the Bench Assistant to transpose the present principal respondents from plaintiffs to defendants. Not only that the suit is fixed on 27.05.2019 for filing written statement by the newly added defendant Nos. 7 and 8 i.e. the principal respondents in this petition. The issue before this court requires further examination and as such, further proceeding in Title Suit No.128/2010 Page No.# 4/4 pending in the court of learned Civil Judge No.3, Kamrup(M) at Guwahati is stayed till the disposal of this revision petition.
JUDGE Comparing Assistant