MD. MOFIZUDDIN Vs. SMTI KAHIMAI HIRA AND ORS.

JUDGEMENT

(1.) HEARD Mr. B.K. Purkayastha, learned Counsel, appearing for the appellant. None has appeared for the respondents. This appeal is directed against the judgment and decree, dated 28.08.2009, passed by the learned Civil Judge, Morigaon, in Title Appeal No. 11/2009, whereby the first appellate Court, while upholding the judgment and decree, dated 30.01.2009, passed by the learned Munsiff No. 1, Morigaon, in Title Suit No. 30/2008, dismissed the first appeal, preferred by the appellant. Aggrieved by the judgment and decree, passed by the learned Civil Judge, the principal defendant, as appellant, has come up with this second appeal.

(2.) THE principal respondents, as plaintiffs, instituted the said title suit against the principal defendant, i.e. the present appellant, seeking a decree for declaration of right, title, interest, confirmation of possession and delivery of khas possession in respect of the suit land.

(3.) NOTICES being issued, the principal defendant and proforma defendant No. 5 appeared and prayed for time to file written statement. None of the other proforma defendants appeared, in response to the notices, received by them. However, the principal defendant and the proforma defendant No. 5 also failed to contest the petitioners' claim by filing their written statement and accordingly, the suit proceeded ex -parte.