MANIKA BORA Vs. SONARAM BORA

JUDGEMENT

(1.) 1. The present revision petitioner along with her minor daughter filed Title Suit No. 78 of 1982 in the court of Sadar Munsiff, Tezpur for recovery of possession of the suit land and mesne profit against the present opposite party. The suit was transferred to the file of the Munsiff, Biswanath Chariali because of the change of territorial jurisdiction and there it was re-numbered as Title Suit No. 71 of 1987. That suit was decreed ex-parte on 6.7.88. The opposite party filed Misc. case No. 75/88 under Order 9 Rule 13 of the Code of Civil Procedure to set aside the ex-parte decree. That Misc. case was dismissed for default on 6.12.89. Another Misc. case being Misc. case No. 5/90 was filed by the opposite party for setting aside the earlier order of dismissal of the Misc. case. That application was dismissed by the learned Munsiff on 29.5.91. Against that order dated 9.5.91 an appeal being Misc. Appeal No. 6/91 was filed before the learned Assistant District Judge at Tezpur, Sonitpur. That appeal was allowed, by the learned Assistant Distt. Judge. Hence, his revision application.

(2.) I have heard Sri TC Khatri, learned counsel for the petitioner and Sri D Das, learned counsel for the opposite party. The sole contention of Sri Khatri is that the appeal before the learned Assistant Dist. Judge is not maintainable and as the appeal was not maintainable before the learned Asstt. District Judge, he had no jurisdiction to exercise the power. In this connection Sii Khatri places reliance on (1984) 1 GLR page 442 (Anil Ch. Das and Ors. -Ys- Uma Kanta Roy) where a single Judge of this court held as follows: