ABDUL RAHIM Vs. ABDUL HAMID

JUDGEMENT

(1.) HEARD Mr. D Mozumdar, learned counsel appearing for the petitioners. Also heard Mr. J. Chutia, learned counsel appearing for the respondents.

(2.) THE legality and validity of the order dated 30.09.2010 passed in Title Suit No. 157 of 2008 on the file of the learned Munsiff No.2, Nagaon, whereby and whereunder the learned trial Court rejected the petition No.578 of 2009 arising out of Title Suit No. 157 of 2008 holding that the Court has no jurisdiction to review the order passed by its predecessor Court in absence of extra-ordinary circumstances, thereby affirming the order dated 03.09.2009 wherein the leaned trial Court had held that the suit would proceed ex-parte against the defendants/petitioners since they have failed to file their written statement in spite of summons being served on 05.02.2009,which are under challenge in this revision petition under Article 227 of the Constitution of India.

(3.) IT appears from the record as annexed, that on 21.10.2009 both the parties were present and the defendants have filed a petition being petition No. 578/09 under Section 151 of the Code of Civil Procedure ('the Code' for short) for cancellation of the order of exparte hearing whereas by petition No. 592/09 the plaintiffs sought time for ex-parte hearing. Accordingly fixed 03.12.2009 for ex-parte hearing alongwith hearing on petition No. 578 of 2009. However, the case could not be heard till 18.09.2010, The learned trial Court heard the matter on 30.09.2010 and rejected the petition No. 578 of 2009 by holding as thus -