Mita Ghosh vs M/S Rudreshwar Construction ...
2022 Latest Caselaw 1679 Gua

                                                                    Page No.# 1/3

GAHC010014402022




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

                                    Case No. : CRP/6/2022

            MITA GHOSH
            R/O- 5TH FLOOR, JAGABANDHU APARTMENT, P.O. AND P.S. GMC,
            BHANGAGARH, G.S. ROAD, GUWAHATI-781005, DIST.- KAMRUP(M),
            ASSAM AND PRESENTLY RESIDING AT FLAT NO. 03/D ANNEXURE-A,
            RUDRESHWAR OF DINESH OJHA PATH, BHANGAGARH, REVEUE
            VILLAGE-JAPORIGOG, MOUZA- BELTOLA, DIST.- KAMRUP(M), ASSAM



            VERSUS

            M/S RUDRESHWAR CONSTRUCTION PRIVATE LIMITED
            A PRIVATE LIMITED COMPANY REGISTERED UNDER THE INDIAN
            COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT REHANA
            MANSION, 1ST FLOOR, RATAM DEWAN ROAD, ULUBARI, GUWAHATI-
            781007, DIST.- KAMRUP(M), ASSAM REP. BY ITS DIRECTOR SMTI.
            RANJANA GHOSAL, WIFE OF SRI ASHIM GHOSAL, R/O- BHANGAGARH,
            DINESH OJHA PATH, GUWAHATI-781005, DIST.- KAMRUP(M), ASSAM



Advocate for the Petitioner   : MR. N N JHA

Advocate for the Respondent : MR. S P CHOUDHURY




                                     BEFORE
                    HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : 18-05-2022

Heard Mr. N. N. Jha, the learned counsel appearing for the petitioner.

Page No.# 2/3

Also heard Mr. S.P. Choudhury, the learned counsel appearing for the opposite party.

2. This is an application under Article 227 of the Constitution of India challenging

the judgment and decree dated 17.09.2019 passed by the learned Civil Judge No.

1, Kamrup(M), Guwahati in Title Suit No. 417 of 2017 and the order dated

18.01.2022 passed by the Additional District Judge No. 2, Kamrup(M), Guwahati in

Title Appeal No. 01/2022.

3. In Title Suit No. 417 of 2017 the petitioner being the defendant therein, did

not appear and an ex-parte judgment was passed against her. Thereafter a delayed

appeal was filed in the Court of the Additional District Judge No. 2, Kamrup(M),

Guwahati alongwith a petition under Section 5 of the Limitation Act.

4. I have given my anxious considerations to the submission made by the

learned for both sides.

5. The power under Article 227 of the Constitution of India is a supervisory

power. This power is exercised by the Courts under Tribunal inferior to the High

Court.

6. The petitioner did not appear before the Trial Court and therefore, the suit

was decreed ex-parte. After some delay, the appeal was filed. The Appellate Court

issued notice to the other party.

7. I do not find any perversity in the impugned orders. Therefore, this is not a fit

case for exercising the power under Article 227 of the Constitution of India.

Page No.# 3/3

8. The petition stands dismissed and disposed of accordingly.

9. The interim order passed earlier stands vacated.

JUDGE

Comparing Assistant