(1.) Heard Mr. A C Sarma, learned Senior counsel assisted by Mr. B Haldar, learned counsel for the appellant. Also heard Mr. D Das, learned Senior counsel assisted by Mr. K Mahammad, learned counsel for the respondents.
(2.) The present appeal is filed under Order 43 Rule 1 (r) of the CPC, 1908 assailing an order dtd. 6/4/2023 passed by the learned Civil Judge, Bongaigaon in Misc Case No. 16/2023 arising out of TS No. 19/2023.
(3.) The background of the present case: