ANNADA KUMAR Vs. RADHANATH BARTHAKUR

JUDGEMENT

(1.) THIS is a petition of revision under S. 115, Civil P.C., against an order of the District Judge, L. A. D. dated 14 -7 -1981 setting aside the order of the Munsiff at Gauhati dated 25 -11 -1950 in Misc. case No. 226 of 1950 of the Munsiffs Court.

(2.) THE facts relating to the petition may be shortly stated as follows: The plaintiff Annada Kumar Sen brought a suit for eviction against Radhanath Barthakur with respect to a house situated in the town of Gauhati. The suit was instituted on 11 -5 -1950 and it was decreed ex parte on 25 -8 -1950. The defendant did not appear and filed no written statement. On 7 -10 -1950 the defendant made an application for setting aside the ex parte decree on the ground of his illness and on this petition Misc. Case No. 226 of 1950 was started, which was fixed for hearing on 35 -11 -1950. On that date the defendant was not ready; nor did he apply for an adjournment; but his lawyer only filed his 'Hazira' - - or a list of attendance showing that the lawyer was ready by himself The plaintiff was ready. The learned Munsiff dismissed the miscellaneous proceeding and passed the following order:

(3.) THE learned District Judge allowed the appeal solely on an assumption that the lawyer for the petitioner i. e. the defendant was not heard by the learned Munsiff on the day the proceeding was struck off. The learned District Judge observed in his judgment: