STATE OF ASSAM Vs. SHAHNASIM

JUDGEMENT

(1.) This Misc. application has been filed by the State of Assam under Section 5 of the Limitation Act, 1963 for condonation of 22 days delay in preferring Revision Petition No. 36/2001 directed against the order dated 12.5.2000 passed by the learned Civil Judge (Sr. Division) No. 1, Guwahati in T.S. No. 1/ 1991.

(2.) I have heard Mr. DK Bhattacharjee, learned senior counsel for the Caveator/O.P. and also Mr. H. Rahman, learned State counsel.

(3.) The Opp. Party filed T.S. No. 1/1991 against the State of Assam and notices were duly served upon the Govt. Advocates in the month of January, 1991 itself. But the defendant State failed to submit any written statement. Thereafter the learned Trial Court passed an order on 29.1.91 directing that the case would be heard ex-parte against the defendant Nos. 1 and 2. Evidence of the Plaintiff No. 2 was also recorded and he was discharged on 26.2.99 after cross-examination by the defendant Nos. 3 to 26. The learned Govt. Pleader also appeared in the connected Misc. Case Nos. 29/92 and 32/96 filed under Order 39 Rule 1 and 2 of the C.P.C. Despite that they did not take any steps to file written statement. Thereafter an application was filed for vacating the order dated 29.1.91. This application was rejected on 12.5.2000 by the impugned order. The petitioner has challenged this order in the instant revision petition filed after 22 days of the limitation period.