MEHBOOB HUSSAIN Vs. ABUL HUSSAIN

JUDGEMENT

(1.) This revision petition has been directed against the judgment and order dated 18.10.2001 passed by the learned Civil Judge (Senior Division) No. 3 at Guwahati in Misc. Appeal No. 22 of 2001 dismissing the said appeal and upholding the order dated 4.8.2001 passed by the learned Civil Judge, (Junior Division) No. 1, Guwahati in Misc. (J) Case No. 38/2001 arising out of Title Suit No. 87/76 (re-numbered as Title Suit No. 71/90). The Misc. (J) Case No. 38/2001 was filed by the present revision petitioners for setting aside the ex-parte decree dated 22.9.97 passed in the above mentioned title suit decreeing the same in favour of the opposite party plaintiff.

(2.) I have heard Mr H.K. Deka, learned counsel for the petitioners and Mr S. Medhi, learned counsel for the opposite party.

(3.) Considering the question to be answered in the present revision petition, a brief reference to the facts culminating in the filing of the present revision petition would be necessary. The lis between the parties started with a suit being Title Suit No. 87/76, filed by the present opposite party against Shri Meer Hussain, the predecessor in interest of the present petitioners and two others praying for a decree for a declaration of the plaintiff's title and possession over land described in Schedule-A to the plaint and also for eviction of the defendant No. 2 and 3 from the land described in Schedule-B and Schedule-C to the plaint respectively. It would be relevant to mention herein that Meer Hussain was impleaded as defendant No. 1 in the suit. During the pendency of the suit the defendants Nos. 2 and 3 compromised with the plaintiff and the suit thereafter proceeded only against Meer Hussain, defendant No. 1. While the suit was pending before the learned trial Court i.e. Court of the Assistant District Judge No. 1 at Guwahati. Meer Hussain expired and was substituted in the suit by his heirs and legal representatives i.e. his wife and the present revision petitioners. The suit in the meantime had been transferred to the Court of the Assistant District Judge No. 2, Guwahati and was re-numbered as Title Suit No. 71/90. The suit was next transferred to the file of Munsiff No. 1, Guwahati (lateron designated as Civil Judge, Junior Division No. 1, Guwahati) for disposal. The suit was eventually decreed ex-parte on 22.9.97.