KALYANI GHOSE Vs. BHABANI CHARAN BANERJEE

JUDGEMENT

(1.) THIS application under Section 115 of the Civil Procedure Code is by one of the co-defendants against the order passed by the Asst. District Judge. Gauhati, rejecting the application of the petitioner made under Order 32, read with Section 151 of the Civil Procedure Code for short "the Code".

(2.) THE plaintiff filed the ejectment suit. It is stated by Mr. B. Sarma, counsel for the plaintiff opposite party that in the ejectment action the defendants had already taken the matter to the Supreme Court in Special Leave to Appeal (Civil) No. 2116 of 1980 against the judgment and order dated 18-1-1980 passed by this High Court in Civil Revn. No. 154 of 1979. However, the same was rejected by the Supreme Court. Learned Counsel for the petitioner however submits that the petitioner was minor at that time, but at the same time he concedes that the proceedings were so taken to the Supreme Court via this Court. Therefore, the first round of "our long distance litigation" is already over. The second round is about to begin.

(3.) THE Court below on materials made available to it held that the petitioner had failed to establish that she had attained majority and accordingly rejected her prayer to allow her to file a separate independent written statement. It may be stated at this stage that the certified copy of the order shows that the suit was fixed on 30th June, 1982 "for steps for hearing". However, Mr. B. Sarma learned counsel for the opposite party submits that the suit is now posted for hearing arguments on 4-8-1982. This fact is also affirmed by Shri S.N. Medhi, learned counsel for the petitioner. Therefore, the suit which is now ready for argument and delivery of judgment, was about to be stalled by the application under Order 32 of the Civil Procedure Code