Page No.# 1/3 vs Mustafizur Rahman
2025 Latest Caselaw 5774 Gua

Gauhati High Court

Page No.# 1/3 vs Mustafizur Rahman on 26 June, 2025

                                                                 Page No.# 1/3

GAHC010145232025




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

                          Case No. : FAO/38/2025

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY CHIEF SECRETARY TO THE GOVT. OF ASSAM,
         SACHIBALAYA, GUWAHATI -6, PIN-781006

         2: THE SPECIAL COMMISSIONER AND SPECIAL SECRETARY
         TO THE GOVT. OF ASSAM
          PUBLIC WORK (BUILDING AND NATIONAL HIGHWAY) DEPTT. DISPUR
          GUWAHATI-6.

         3: THE CHIEF ENGINEER
          PWD (NH WORKS) ASSAM
          CHANDMARI
          GUWAHATI-3
          DIST - KAMRUP
         ASSAM
          PIN-781003.

         4: THE SUPERINTENDING ENGINEER
          P.W.D. NH CIRCLE
          DISPUR
          GUWAHATI-6
          DIST - KAMRUP (ASSAM)
          PIN-781006.

         5: THE EXECUTIVE ENGINEER
          PWD
          NAGAON NH DIVISION
         ARB ROAD
          KHUTIKATIA
          NEAR LAKHI NAGAR CHARIALI
          P.O. HAIBORGAON
          NAGAON
         ASSAM
                                                                        Page No.# 2/3

            VERSUS

            MUSTAFIZUR RAHMAN
            S/O- MD. MUKLESSUR RAHMAN, R/O- B.K. ROAD, FAUZDARI PATTY,
            MOUZA - TOWN, P.O. NAGAON, SADAR NAGAON, DIST. - NAGAON,
            ASSAM.



Advocate for the Petitioner   : MR N KALITA, MR. D NATH,SR GA,ASSAM

Advocate for the Respondent : ,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                         ORDER

Date : 26.06.2025

Heard Mr. D. Nath, learned Senior Government Advocate for the appellants.

2. This appeal, under Order 43 Rule 1(d) CPC, is directed against the order dated 14.05.2025, in Misc. (J) Case No. 40/2022, arising out of M. Ex. No. 1/2020, passed by the learned Civil Judge (Senior Division), Nagaon.

3. It is to be noted here that vide impugned order dated 14.05.2025, the learned Civil Judge (Senior Division), Nagaon had dismissed the petition filed by the appellants herein for setting aside the ex-parte judgment and decree dated 04.03.2015, passed in M.S. No. 14/2014.

4. Perused the memo of appeal and the grounds mentioned therein, and also perused the impugned order dated 14.05.2025, passed in Misc. (J) Case No. 40/2022, arising out of M. Ex. No. 1/2020, and the ex-parte judgment and decree dated 04.03.2015, passed in M.S. No. 14/2014.

5. Admit.

Page No.# 3/3

6. Let notice be issued to the respondent, returnable in four weeks.

7. Steps be taken upon the respondent by way of registered post with A/D as well as by usual process within a week from today.

8. List the matter after four weeks.

JUDGE

Comparing Assistant