KAMAL LOCHAN CHOUDHURY Vs. CEMENT MANUFACTURING COMPANY LTD.

JUDGEMENT

(1.) By filing this revision petition under Article 227 of the Constitution of India, the petitioner has challenged the order dated 18.07.2012 passed by learned Munsiff No. 3, Kamrup, in Misc. (J) Case No. 472 of 2012 arising out of Money Suit No. 300 of 2011. I have heard Mr. B.D. Deka, learned Counsel appearing for the petitioner and also heard Mr. D. Barua, learned counsel appearing on behalf of the sole respondent.

(2.) The respondent, herein, as plaintiff instituted the money suit against the petitioner/defendant for recovery of sum of Rs. 1,39,241/ - with interest thereon. The petitioner filed written statement along with counter claim on 14.02.2012. The plaintiff sought time on several occasions to file written statement against the counter claim filed by the petitioner. On 02.06.2012, the respondent -plaintiff sought for further adjournment but the learned Munsiff rejected the petition holding that statutory period of 90 days had expired and as such, the counter claim shall be proceeded ex -parte.

(3.) Subsequently, on 25.06.2012, the plaintiff filed a petition under Sec. 151 of the Code of Civil Procedure seeking recall of the order dated 02.06.2012 and also prayed to accept the written statement against the counter claim. The learned Munsiff, after hearing the parties, vide impugned order dated 18.07.2012 set aside the order dated 02.06.2012 and accepted the written statement filed by the plaintiff against the counter claim of the defendant.