SMTI. MAMATA BEZBORA Vs. MD. ASAD YUSUF

JUDGEMENT

(1.) The petitioner, defendant No. 1 in Title Suit No.3 of 2003 pending in the Court of Civil Judge (Senior Division), Nagaon, is before this Court being aggrieved by the rejection of the petition for vacating the order setting the suit for ex-parte hearing and refusal to accept her written statement.

(2.) I have heard Mr. Goswami, Senior Advocate, assisted by Mrs. T. Goswami, Advocate for the petitioner and Mr. J. Sharma, learned counsel for the respondent-plaintiff.

(3.) Shortly but the facts necessary for disposal of the petition are that the respondents filed the aforementioned suit against the petitioner and another praying for a decree for declaration of his right, title and interest in the suit land described in the plaint and also for eviction of the petitioner/defendant No. 1 therefrom. On receipt of summons, the petitioner appeared before the learned trial Court on 28.2.2003 and having prayed for time for filing written statement was allowed till 10.4.2003. Thereafter on five subsequent occasions on various grounds, the petitioner prayed for time to file written statement, which was granted. On 2.12.2003, the petitioner having failed to submit her written statement, the learned trial Court fixed 17.12.2003 for ex-parte hearing of the suit. It was thereafter on 22.1.2004 that a petition was filed by the petitioner for vacating the order of ex-parte hearing. She also submitted her written statement on that date. The learned trial Court by the impugned order though granting liberty to the petitioner to cross examine the plaintiff's witnesses.