KAMAL KISHOR SONI Vs. BHUKLI DEVI

JUDGEMENT

(1.) THE judgment and order dated 15.02.2011 passed by the learned Civil Judge No.2, Kamrup, Guwahati in Misc. Appeal No. 05/2010, whereby, the order dated 22.01.2010, passed by the learned Munsiff No.1, Kamrup, Guwahati in Misc. (J) Case No.416/2006 has been reversed, constitutes the subject matter of challenge in the instant proceeding under Section 115 of the Code of Civil Procedure (for short hereafter referred to as the Code) read with Section 151 thereof.

(2.) I have heard Mr. S.P. Roy, learned counsel for the petitioner and Mr. S. Medhi, learned counsel for the opposite party, who has entered appearance through a Caveat. The Caveat stands discharged.

(3.) THE learned trial Court, by its order dated 22.01.2010 having dismissed the miscellaneous case, the opposite party preferred an appeal against the same being Misc. Appeal No. 05/2010 as stated above. THE learned Lower Appellate Court interfered with the decision of the learned trial Court. Consequentially, the ex-parte judgment and order passed in TS No. 73/1998 was set aside and the learned trial Court was directed to allow the appellant (opposite party herein) and other defendants to contest the suit.