Dilip Deka vs Karim Ali And Anr
2022 Latest Caselaw 804 Gua

                                                                      Page No.# 1/2

GAHC010044142022




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

                                   Case No. : CRP/21/2022

            DILIP DEKA
            S/O. LT. RONERAM DEKA, R/O. CHANDKUCHI, MOUZA- BAHJANI, P.S.
            NALBARI, DIST. NALBARI, ASSAM.



            VERSUS

            KARIM ALI AND ANR.
            S/O. LT. BUDHI SHEIKH, R/O. CHANDKUCHI, MOUZA- BAHJANI, P.S.
            NALBARI, DIST. NALBARI, ASSAM.

            2:MAKIB ALI
             S/O. LT. AMIR SHEIKH
             PROFESSON RETD. SERVICEMAN
             RELIGION- ISLAM
             R/O. CHANDKUCHI
             MOUZA- BAHJANI
             P.S. NALBARI
             DIST. NALBARI
            ASSAM

Advocate for the Petitioner   : MR. N BHARALI

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 07-03-2022 Page No.# 2/2

Heard Mr. A. Ikbal, learned counsel for the petitioner.

By this application under Section 115 read with Section 151 of the Code of Civil Procedure, the petitioner has challenged the order dated 14.12.2021 passed by the learned Munsiff No. 1, Nalbari in Title Suit No. 34/2016.

The petitioner being the defendant in Title Suit No. 34/2016 did not appear before the learned court below. Therefore an ex-parte judgment was passed against the petitioner. Thereafter he filed a petition for restoration of the suit and the said petition was allowed with a cost of Rs. 2000/-. After that, the petitioner could not appear because of his ailments. Therefore, the learned court below dissatisfied with the conduct of the petitioner and again restored the earlier ex-parte judgment.

This court is of the opinion that the petitioner deserves to be given an opportunity to participate in the suit. The impugned order dated 14.12.2021 is a hurriedly passed order without application of judicial mind. Accordingly, the order dated 14.12.2021 is set aside.

The petitioner is directed to appear before the learned court below on 28.04.2022 without fail. On that day, he shall also pay the cost. Thereafter the learned court below shall proceed with the matter in accordance with the procedure laid down by law.

With the above observation and direction, the revision petition is disposed of.

JUDGE

Comparing Assistant