Gauhati High Court
Biswajit Dey vs Smt. Jutika Bordoloi on 7 August, 2024
Author: Manish Choudhury
Bench: Manish Choudhury
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GAHC010145802024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/2225/2024
BISWAJIT DEY
S/O BIPUL KR. DEY,
RESIDENT OF OUGHULI BASTI, OPP. TO NARENGI COLLEGE, PS
NOONMATI, DIST KAMRUP (M) ASSAM 781171
VERSUS
SMT. JUTIKA BORDOLOI,
D/O SRI SONARAM BORDOLOI, RESIDENT OF DURGASAROBAR,
KAMAKHYA GATE, KAMRUP M ASSAM 781009. PRESENTLY RESIDING
UNDER C/O MD. ABDUL MANNA, H/ NO. 7, SANTIPUR HILL SIDE(WEST),
PNGB ROAD, GUWAHATI-09, KAMRUP, ASSAM
Advocate for the Petitioner : MR. P MAHANTA,
Advocate for the Respondent : ,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 07-08-2024
[M. Choudhury, J]
Heard Ms. C. Das, learned counsel for the applicant-appellant.
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2. The instant interlocutory application has been preferred with a prayer to
allow the applicant to make correction in the Cause-Title in the connected
interlocutory application, I.A.[Civil] no. 3779/2022. The connected interlocutory
application, I.A.[Civil] no. 3779/2022 has been filed under Section 5 of the
Limitation Act, 1963 praying for condonation of delay of 73 days in preferring
the connected appeal under Section 28 of the Hindu Marriage Act, 1955 read
with Section 19 of the Family Courts Act, 1984 against a Judgment and Decree
dated 18.06.2022 passed by the learned Principal Judge, Family Court-III,
Kamrup [M] at Guwahati, whereby, a petition filed by the petitioner, registered
as F.C.[Civil] Case no. 215/2014, was dismissed.
3. The instant interlocutory application is preferred in view of an Order
passed in I.A.[Civil] no. 3779/2022 on 19.02.2024. The relevant excerpts of the
Order dated 19.02.2024 read as under :-
3. The matrimonial proceedings was instituted by the applicant and the
opposite party-wife by filing evidence-on-affidavit has disclosed her
address as follows:-
Smti. Jutika Bordoloi Dey, W/o- Sri Biswajit Dey, D/o- Sri Sonaram
Bordoloi, C/o- Sri Mantu Talukdar, Durgasarovar, Kamakhya Gate,
Guwahati-9, Kamrup, Assam (presently residing under C/o Md. Abdul
Mannan, H/No. 7, Santipur Hill Side (West), PNGB Road, Guwahati-9,
Kamrup, Assam).
4. However, while instituting this appeal the applicant has provided
incomplete address in the cause title. The cause title in respect of the
opposite party reads as follows:-
Smti. Jutika Bordoloi, daughter of Sri Sonaram Bordoloi, resident of
Durgasarobar, Kamakhya Gate, Pin-781009 in the district of Kamrup (M),
Assam.
5. Therefore, the Court finds that the appellant has given an address
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which is incomplete and the present address of the applicant has been
concealed. Therefore, in view of the provisions of Clause [a] of the
Sub-Rule 5 of Rule 14A of Order VI CPC, as the address provided by the
applicant is found to be incorrect, the present proceeding is hereby
stayed.
6. This order shall not preclude the applicant to file an appropriate
application to amend the cause title.
4. As per Clause [a] sub-rule [5] of Rule 14A of Order VI, CPC, where the
registered address of a party is discovered by the Court to be incomplete, false
or fictitious, the Court may, either on its own motion, or on the application of
any party, order in the case where such registered address was furnished by a
plaintiff, stay of the suit.
5. The present application is preferred by the applicant to allow the applicant
to file an amended Cause-Title for amending the address of the opposite party
in I.A.[Civil] no. 3779/2022 from 'Daughter of Sri. Sonaram Bordoloi, resident of
Durgasarobar, Kamakhya Gate, Pin - 781009 in the district of Kamrup [M]' to
'Daughter of Sri. Sonaram Bordoloi, C/o Sri. Mantu Talukdar, resident of
Durgasarobar, Kamakhya Gate, Pin - 781009 in the district of Kamrup [M]
[Presently residing under C/o Md. Abdul Manna, H/No. 7, Santipur Hill Side
[West], PNGB Road, Guwahati-781009, Kamrup, Assam'.
6. Having regard to the Order dated 19.02.2024, we are of the considered
view that, for ends of justice, the instant application needs to be allowed so as
to enable the applicant to proceed with his prayer for condonation of delay so as
to enable him to pursue the accompanying appeal, subject to payment of a
reasonable cost. Accordingly, the instant application is allowed to permit the
applicant to file an amended Cause-Title in the interlocutory application, I.A.
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[Civil] no. 3779/2022 for taking further steps therein, subject to deposit of cost
of Rs. 2,000/- before the Registry within a period of 7 [seven] days from today.
It is observed that on compliance of the above, the stay, granted on
19.02.2024, shall stand set aside.
7. The applicant shall submit the amended Cause-Title in I.A.[Civil] no.
3779/2022 and deposit a sum of Rs. 2,000/- within 7 [seven] working days from
today before the Registry. On submission of the amended Cause-Title, the
interlocutory application, I.A.[Civil] no. 3779/2022 is to be listed thereafter,
accordingly.
8. On deposit of the sum of Rs. 2,000/-, the Registry shall pay the said
amount of Rs. 2,000/- to the Gauhati High Court Bar Association.
JUDGE JUDGE
Comparing Assistant
