Gauhati High Court
Page No.# 1/6 vs Maharuddin on 21 February, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010017142020
2025:GAU-AS:1952
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/41/2020
ABDUL MAZID AND 16 ORS.
S/O LT. MAFIZUDDIN SHEIKH, MUSLIM BY RELIGION, CULTIVATOR BY
OCCUPATION, VILL. NO. 1, BARGARAKHUTI, MOUZA-PUB DALGAON, P.S.
DALGAON, DIST. DARRANG (ASSAM)
2: IDIRAN BEWA
W/O LT. NUR MAHAMMED
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
3: KUDDUS ALI
S/O LT. NUR MAHAMMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
4: FATEMA KHATUN
W/O ABDULLAH
D/O LT. NUR MAHAMMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
Page No.# 2/6
DIST. DARRANG (ASSAM)
5: HAJERA KHATUN (DUMB)
D/O LT. NUR MAHAMMAD
TO BE REP. BY IDIRAN BEWA
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
6: SAHARA KHATUN
W/O JABAN ALI
D/O LT. NUR MAHAMMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
7: GOLAP ALI @ GOLAP MAHARUDDIN
S/O LT. ABDUL HYE
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
8: AJIRAN NESSA
W/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
9: NAJIBAR RAHMAN
S/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
Page No.# 3/6
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
10: SAHED ALI
S/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
11: SAHIDUL ISLAM
S/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
12: JAINAL ALI
S/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
13: MAJEDA KHATUN
D/O LT. ABDUL SAMAD
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
14: RAHELA NESSA
D/O LT. ABDUL SAMAD
Page No.# 4/6
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
15: JINNAT ALI
S/O LT. ABDUL HEY
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
16: BACCHU ALI
S/O LT. TALEB ALI
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM)
17: ALI AKBAR
S/O LT. TALEB ALI
MUSLIM BY RELIGION
CULTIVATOR BY OCCUPATION
VILL. NO. 1
BARGARAKHUTI
MOUZA-PUB DALGAON
P.S. DALGAON
DIST. DARRANG (ASSAM
VERSUS
MAHARUDDIN
S/O LT. MONAZUDDIN SHEIKH, MUSLIM BY RELIGION, CULTIVATOR BY
OCCUPATION, VILL. NO. 1, BARGARAKHUTI, MOUZA-PUB DALGAON, P.S.
DALGAON, DIST. DARRANG (ASSAM)
Page No.# 5/6
For the Petitioner(s) : Mr. C. Goswami, Advocate
For the Respondent(s) : Mr. M.K. Choudhury, Sr. Advocate
Ms. R. Dhar, Advocate
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 21.02.2025
Heard Mr. C. Goswami, the learned counsel appearing on behalf of the
petitioners. Mr. M.K. Choudhury, the learned Senior Counsel assisted by
Ms. R. Dhar, the learned counsel appears on behalf of the respondent.
2. This is an application filed under Article 227 of the Constitution of
India challenging the order dated 03.09.2019 passed in petition No.
95/2018 arising out of Title Suit No. 77/2000 whereby the Court of the
learned Civil Judge, Darrang, Mangaldoi (hereinafter referred to as, "the
learned Trial Court") had allowed the application seeking amendment of
the plaint thereby permitting correction of the Dag No. 131 for P.P. No.
131 in the Schedule to the plaint.
3. Mr. C. Goswami, the learned counsel appearing on behalf of the
petitioners submitted that when an application is filed under Order VI
Rule 17 of the Code of Civil Procedure, 1908 (for short, "the Code"), the
Court could not have exercised its jurisdiction under Section 152 of the
Code for permitting the said correction.
4. This Court has duly taken note of the judgment of the Supreme
Court in the case of Pratibha Singh and Another Vs. Shanti Devi Prasad
and Another reported in (2003) 2 SCC 330 wherein it is stated that it is not
Page No.# 6/6
only the duty of the plaintiff to incorporate the correct details of the
immovable property in terms with Order VII Rule 3 of the Code, but it is
also incumbent upon the learned Trial Court to see that the description of
the immovable property is incorporated, so that at the time of decreeing
the suit, there is no difficulty in identification of the suit property. In that
regard, the Supreme Court further observed that if there is any defect,
the same can also be cured under Section 152 of the Code.
5. Consequently, this Court does not find any ground in the instant
application to entertain, more particularly, under the supervisory
jurisdiction of this Court. Accordingly, the instant petition stands
dismissed.
6. It is seen that this Court had stayed the further proceedings of Title
Suit No. 77/2000 pending before the learned Trial Court i.e. the Court of
the learned Civil Judge, Darrang, Mangaldoi vide an order dated
12.02.2020. The said stay order is vacated and the parties herein who
are duly represented are directed to appear before the learned Trial Court
on 10.03.2025 for further proceedings of Title Suit No. 77/2000.
JUDGE
Comparing Assistant
