Smt Balika Talukdar vs Md Majnur Ali
2025 Latest Caselaw 6885 Gua

Gauhati High Court

Smt Balika Talukdar vs Md Majnur Ali on 1 September, 2025

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GAHC010193132025




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

                                  Case No. : CRP(IO)/366/2025

            SMT BALIKA TALUKDAR
            W/O LATE BALORAM TALUKDAR, P/R/O VILL- BARBILA, P.O.- BHALLA,
            MOUZA- NAGAON, DIST- BARPETA, ASSAM



            VERSUS

            MD MAJNUR ALI
            S/O LATE JAMSED ALI, R/O BAHBARI, P.S.- TAMULPUR, MOUZA-
            KUMARIKATA, DIST- BAKSA, ASSAM



Advocate for the Petitioner   : MR B N SARMA,

Advocate for the Respondent : ,




                                  BEFORE
               HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND

                                           ORDER

01.09.2025

1. Heard learned counsel Mr. B. N. Sarma for the petitioner Balika Talukdar who has filed this application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, 1908. The petitioner is aggrieved by the order dated 28.07.2025, passed by the learned Civil Judge (Sr. Division), Baksa, Musalpur in connection with T.S. No. 12/2023 rejecting the Page No.# 2/3

petition No. 481/2025, under Order 6 Rule 17 read with Section 151/153 of the CPC with prayer for filing an additional or amended written statement by the defendant and also rejecting the petition No. 482/2025 under Order 18 Rule 17 of the CPC read with Section 142/143 of the BSA, 2023 and read with Section 151 of the CPC.

2. It is submitted that the plaintiff has brought up a suit against the defendant i.e., the present petitioner on the basis of a fake agreement. While sending a copy of the plaint to the defendant, the plaintiff did not annex relevant documents including the allegedly fake agreement relied upon by the plaintiff. However, to the utter dismay of the defendant, the plaintiff during the stage of producing evidence, introduced some documents and issues were earlier framed based on the documents introduced by the plaintiff at the stage of evidence. The plaint marked as Document-4 at page-16 of the petition clearly reveals that no documents were appended along with the plaint.

3. The defendant is highly aggrieved as the defendant was unable to submit his written statement along with the documents relied upon by the plaintiff and he is thus prejudiced.

4. It appears that an order of stay can be passed against the impugned judgment and order.

5. Call for the scanned copies of the Trial Court Records.

6. Meanwhile, the order impugned by the learned counsel for the petitioner dated 27.05.2025, is stayed till the next date of listing.

7. Issue notice to the respondents returnable within 4 (four) weeks.

8. List accordingly.

JUDGE Page No.# 3/3

Comparing Assistant