OBILET TARIANG Vs. PRAVIR KR ROY

JUDGEMENT

(1.) This petition under Rule 36 (A) of the Rules for the Administration of Justice and Police in the Khashi and Jaintia Hills, 1937 (hereafter referred to as "the Rules") read with Article 227 of the Constitution of India is directed against an order condoning the delay in preferring an appeal against the judgment and decree of the trial Court passed in a Title Suit.

(2.) The petitioner herein instituted Title Suit (Ejection) No. 45(T)/2002 against the opposite party in the Court of the Assistant to the Deputy Commissioner, Shillong, for declaration that the latter is a defaulter in payment of rent, for evicting him from the suit property belonging to the petitioner, for realization of arrear rent amounting to Rs. 3,30,000/- for attachment and sale of the articles of the defendant/0. P. and for cost of the suit.

(3.) On receipt of notice from the Court, the defendant /O.P. entered appearance in the case. According to the petitioner, in spite of granting repeated adjournments on 06.05.03, 02.06.03, 01.07.03, 01.08.03, 01.09.03 and 30.10.03 which was the last date given to the defendant/O.P., no written statement was filed and thus, finally on 04.11.03, the adjournment sought for by the defendant/O.P. was rejected. The suit was posted for ex-parte hearing on 08.12.03. On 08.12.03 despite the order for ex-parte hearing, an application was filed on behalf of the O.P. once again seeking adjournment of the case which was refused by the trial Court. Thereafter byjudgment and decree dated 11.12.03 the suit was decreed in favour of the plaintiff/petitioner by the trial Court.