PROMODE BASUMATARY Vs. CIVIL JUDGESR DIVN NO 1

JUDGEMENT

(1.) The basic facts material for the purpose of disposal of this application under Article 226/227 of the Constitution of India are as follows:

(2.) The respondent No. 2 herein as the plaintiff instituted Money Suit No. 291/2000 M.IO.M: against the present petitioner as the defendant in the Court of Civil Judge, Senior Division, Guwahati. An ex-parte judgment and decree was passed on 03.12.2001, which, however, was set aside upon making an application by the defendant/petitioner under Order 9 Rule 13 C.P.C., which was registered and numbered as Misc. Case No. 571 2003. The order was passed on 24.08.2004 awarding a cost of Rs. 500/- W.U.M

(3.) With the order passed on 24.08.04 in Misc. Case No. 57/03 setting aside the exparte judgment and decree, the trial Court also passed an order in the money suit fixing the next date as 15.09.04 for appearance of the parties. Orders passed on 24.08.04 and thereafter have been indicated in Annexure-B to this petition, which are reproduced be- 13 12 04 low: