LAWS(GAU)-2023-1-114

MD. JUBER AHMED Vs. JAGABAI SATNAMI

Decided On January 23, 2023
Md. Juber Ahmed Appellant
V/S
Jagabai Satnami Respondents

JUDGEMENT

(1.) Heard Ms. D Dutta, learned counsel for the petitioner. Also heard Mr. G Alam, learned counsel for all the respondents.

(2.) The present petition is filed assailing the order dtd. 15/12/2021 and order dtd. 26/5/2022 passed by the learned Munsiff, Hojai Sankardev Nagar in TS No. 52/2013. It is the case of the petitioner that the present petitioner is one of the legal heirs of the original defendant No. 1 in TS No. 52/2013. It is the further case of the petitioner that the said defendant No. 1 after filing written statement had expired during the pendency of the suit.

(3.) In view of his death, no steps were taken by the learned counsel for the defendant No. 1. Accordingly, the learned trial court by its order dtd. 15/12/2021 directed that the suit shall proceed ex-parte.