SUSHIL KUMAR DOSS Vs. RUKIA KHATOON

JUDGEMENT

(1.) THIS is an application under section 115 of the Code of Civil Procedure (hereinafter referred to as the "Code"). The petitioners were the defendants and the opposite party was the plaintiff. The suit was for eviction of the defendants and filed as far back as in 1963. It is unfortunate that the matter has not yet been disposed of by the trial Court.

(2.) THE facts which are relevant for the the purpose of this application are that the opposite party Mustt. Rukia Khatoon is a "pardanashin" lady and she appointed her husband as her "attorney" to look after her suit. Accordingly the plaintiff's husband was looking after the present suit and taking all necessary steps therein. The age of her husband at all relevant period was about 75 years.

(3.) THEREAFTER the plaintiff filed an application under Order 9, Rule 9 of the Code before the learned Assistant District Judge, Nowgong. The application came up for hearing and evidence was also led in the proceedings on behalf of the plaintiff which was numbered as Misc. (J) 30 of 1974. It may be stated here that the present petitioners-defendants did not adduce any evidence in the said proceedings. On perusal of the evidence on record Shri H.N. Hazarika, Assistant District Judge arrived at the conclusion that it was a fit case in which he should exercise his jurisdiction under Order 9, Rule 9 of the Code and accordingly the learned Judge set aside the order of dismissal and appointed a day for proceeding with the suit. It may be stated here that a cost of Rs. 40/- was awarded against the plaintiff.