RADHA RAMAN DEBNATH & ORS. Vs. UTTAM BAL

JUDGEMENT

(1.) This application, under Chapter II of the Gauhati High Court Rules, has been made by the applicants, seeking to get set aside the impugned order, dated 03.05.2012, and to get the Registry directed to register the appeal in accordance with the procedure prescribed by law and place the appeal, before the appropriate Bench, for necessary order. We have heard Mr. D. Chakraborty, learned counsel, for the applicants, and Mr. D.K. Das Choudhury, learned counsel, appearing on behalf of the respondents.

(2.) While considering the present application, it needs to be noted that in Title Execution Case No. 10 of 2007, pending in the Court of the learned Civil Judge (Senior Division), South Tripura, Udaipur, the applicants filed an application, under Order XLIII, Rule 1(u) of the Code of Civil Procedure (in short, 'the Code'), resisting the execution of the decree, dated 07.04.2007, passed in Title Appeal No. 10 of 2006, by the learned District Judge, South Tripura. The application, so made, gave rise to Civil Misc. Case No. 38 of 2010 of the Court of the learned Civil Judge (Senior Division), South Tripura, Udaipur.

(3.) The application, so made, under Order XLIII Rule 1(u) of the Code, was allowed by order, dated 08.04.2011, passed by the learned Civil Judge (Senior-Division), Udaipur, in Misc. Case No. 38 of 2010. Aggrieved by the order, dated 08.04.2011 aforementioned, the opposite party herein preferred an appeal, which gave rise to Civil Misc. Appeal No. 3 of 2010, which ended in the order, dated 10.01.2012, passed by the learned District Judge, Udaipur, remanding the proceeding, to the learned Court below, for de novo trial.