HARIDAS DAS Vs. SANTA RANI DAS AND OTHERS

JUDGEMENT

(1.) This Civil Revision is directed against the judgment and order dated 19.4.1991 passed by the learned District Judge, Karimganj in Misc. Appeal No. 4/90 dismissing the appeal and affirming the order dated 12.4.1989 passed by the Munsiff No. 2, Karimganj, in Misc. Case No. 147/88 declining to restore the Title Suit No. 201 of 1985.

(2.) The petitioner filed a Title Suit in the Court of Munsiff No. 1, Karimganj, against Kalipada Das (since deceased). The Predecessors-in-interest are the Opposite Parties. The said Title Suit was dismissed for default on 11.12.1985. On 20.12.1985 the petitioner filed a petition under Order 9, Rule 9 read with Section 151 of the Civil Procedure Code for restoration of the suit. This petition was registered as Misc. Case No. 88/85. This petition was also dismissed for default on 27.7.1987. Against the order of dismissal, the petitioner instead of filing an appeal filed yet another petition in the Court of the Munsiff No. 2, Karimganj under Order 9, Rule 9 of the Civil Procedure Code and this petition was registered and numbered as miscellaneous Case No. 81/87. This miscellaneous case also dismissed for default on 17.11.1988. Against this order of dismissal, the petitioner filed another miscellaneous Case No. 147/88 in the Court of Munsiff No. 2, for setting aside the order of dismissal dated 17.11.1988 by order dated 12.4. 1989, the learned Munsiff No. 2 dismissed the said miscellaneous case also. Against that order of dismissal, a miscellaneous Appeal was filed before the learned District Judge, Karimganj. This appeal was numbered and registered as miscellaneous Appeal No. 4/90.

(3.) The learned District Judge, after considering the submissions made by the petitioner and on perusal of the records, dismissed the appeal holding that the appeal had no merit and thereby affirmed the order passed by the learned Munsiff No. 2, Karimganj.