Lekha Das vs Dhan Choudhury And Anr
2024 Latest Caselaw 3969 Gua

Gauhati High Court

Lekha Das vs Dhan Choudhury And Anr on 5 June, 2024

Author: Sanjay Kumar Medhi

Bench: Sanjay Kumar Medhi

                                                                      Page No.# 1/3

GAHC010095422024




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                 Case No. : CRP(IO)/159/2024

            LEKHA DAS
            WIDOW OF LATE ANANTA KUMAR DAS,R/O- HOUSE NO. 41, TRIDHARA,
            PNGB ROAD, SANTIPUR HILL SIDE (WEST), P.O. AND P.S. BHARALUMUKH,
            GHY-781009, DIST. KAMRUP(M), ASSAM, REP. BY HER CONSTITUTED
            ATTORNEY HOLDER SRI DILIP KUMAR DAS, S/O- LATE SUDHIR KUMAR
            DAS, R/O- KEDAR ROAD, P.O. AND P.S. BHARALUMUKH,GHY-781009, DIST.
            KAMRUP(M), ASSAM



            VERSUS

            DHAN CHOUDHURY AND ANR
            S/O- LATE MAJIRUDDIN, R/O- GARIGAON, P.S. JALUKBARI, GHY-781012,
            DIST.KAMRUP(M), ASSAM

            2:DILIP DAS
             S/O- RAMANI DAS
             R/O- VILL.- PANIPARA
             P.S. HAJO
             DIST. KAMRUP
            ASSA

Advocate for the Petitioner   : MS. B S GOYAL

Advocate for the Respondent :
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                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                      ORDER

05.06.2024 Heard Ms. B.S. Goyal, learned counsel for the petitioner.

2. In terms of the order dated 15.05.2024, the petitioner has filed an additional affidavit which is on record.

3. The instant petition has been filed under Article 227 of the Constitution of India read with Section 115 of the CPC against an order dated 07.12.2023 passed by the learned Civil Judge (Senior Division), Kamrup in Misc.(J) Case No. 243/2022 arising out of Title Suit No. 150/2022. By the aforesaid order, the application filed by the petitioner under Order 7 Rule 11 read with Section 151 of the CPC has been rejected. The principal ground in the application for rejection of the plaint was the ground of limitation.

4. The learned Trial Court vide the impugned order has held that limitation being a mixed question of law and facts, the prayer for rejection is not justified.

5. The learned counsel for the petitioner in support of her submission has relied upon a judgment of the Hon'ble Supreme Court dated 13.03.2019 passed in Civil Appeal No. 2960/2019 wherein the Hon'ble Supreme Court had also held limitation to be one of the ground while considering an application under Order 7 Rule 11.

6 Let notice be issued, returnable on 26.06.2024.

7. Steps for service of notice upon the respondents be taken by registered post with A/D. Steps within two days.

8. Additionally, service by dasti is also permitted and such service is to be Page No.# 3/3

routed through the Registry of this Court. In the notice accompanying the dasti, the next date i.e. 26.06.2024 has to be clearly reflected and prior to the next date, the petitioner is required to file an affidavit in proof of such dasti service.

9. The learned counsel for the petitioner has prayed for an interim order.

10. Considering the facts and circumstances and in the interest of justice, till the next date i.e. 26.06.2024, further proceeding in Title Suit No. 150/2022 shall remain stayed.

11. The aforesaid interim order, however would be reconsidered on the next date.

12. List this case on 26.06.2024.

JUDGE

Comparing Assistant