IN THE COURT OF SMTI. L. W.

PHIRA, PRESIDING OFFICER,

SUBORDINATE DISTRICT COUNCIL COURT:: KHASI HILLS,
AT SHILLONG

Title Suit No. 35 of 2016

Misc Case No. of 2017

IN THE MATTER OF:

Smti. Metilda Marbaniang

D/o Smti. Thaien Marbaniang
R/o Mawlai Umjaiur, Shillong
East Khasi Hills District
………………..Plaintiff
-Versus-

1. Smti. Daris Marbaniang

D/o Smti. Thaien Marbaniang
R/o Syllei-u- Lar, Raid Mawbuh
Ri-Bhoi District
……………Defendant
2. The Rangbah Shnong,
R/o Syllei-u- Lar, Raid Mawbuh
Ri-Bhoi District

3. The Syiem Raid Mawbuh,

R/o Raid Mawbuh,
Ri-Bhoi District.
……Pro-Forma Defendants

IN THE MATTER OF:

Show Cause against an application analogous under

Order 1 Rule 3-A read with Section 151 of the Code
of Civil Procedure, 1908 as amended.

-AND-

IN THE MATTER OF:-

Shri. Fullstar Rani

R/o Mawlai Nongkwar,
East Khasi Hills District
…….Intervener
 Most Respectfully Sheweth :

1. That, the plaintiff is an Indian citizen belonging to the Khasi Schedule Tribe community
of Meghalaya and she is a permanent residents at the above mentioned address.

2. That the plaintiff beg to state here that the Intervener had filed the petition dated
17.09.2017 by suppression of the material facts and only on this ground the same is liable
to be dismiss.

3. That, the Intervener had filed an application under Order 1 Rule 3 –A read with section
151 of the Code of Civil Procedure, but it may be pointed here that this order does not
speak about the person who ought to have been included as a necessary defendant. As a
matter of fact this order talks about the Power of the Court to order separate Trials
where joinder of Defendants may embarrass or delay Trial.

4. That, Order 1 Rule 3 –A stated that and I quote …. “Where it appears to the Court that
any joinder of defendants may embarrass or delay trial of the suit, the Court may order
separate trials or make such other order as may be expedient in the interest of justice.”

5. That, it may be mention here that in the prayer portion of the said petition it is prayed
before the Hon’ble Court to allow the humble intervener as one of the defendant in the
instant suit, if such is the prayer of the intervener, then the Order as quoted by him is
wrong and only on this ground the petition under Order 1 Rule 3 –A is liable to be
dismiss.

6. That, it is also pertinent to mention here that the defendant has yet to appear before the
Hon’ble Court and in the event the defendant failed to appear inspite of receiving Notices
from the Hon’ble Court, then Ex – Parte Judgment should have been passed against the
defendant.

7. That, this petition is filed bonafide for the ends of justice.

In the premises aforesaid it is prayed

that your Honour may please to dismiss the
petition filed by the intervener and/or to
pass any order (s) as your Honour may deem
fit and proper.

And for which act of kindness Humble Plaintiff as in duty bound shall ever pray.

Dated: Shillong
The 4th. May 2018. Humble Plaintiff
 A F F I D AV I T

I, Smti. Metilda Marbaniang, daughter of (L) Thaien Marbaniang, aged about ___,
resident of Mawlai Umjaiur, Shillong, East Khasi Hills District, Meghalaya, do hereby solemnly
affirm and declare as under:-

1. That I am the Plaintiff in the instant title suit and I am conversant with the facts and
circumstances of the case.

2. That, the statement made in the above mentioned paragraphs are true to the best of my
knowledge, information and belief and the rest are my humble submission made before
this Hon’ble Court

I sign this affidavit on this the 4th. May, 2018 at Shillong.

Identified by

Advocate, Shillong DEPONENT