UMA BORA Vs. SUBHASLAL SINGH

JUDGEMENT

(1.) This revision petition is. directed against the order dt. 13.3.86 passed by the Sadar Munsiff No. 2, Dibrugarh in Title Suit No. 28/89.

(2.) Heard Mr. A.C. Sarma, learned counsel for the petitioner. None appears for the opposite party.

(3.) The plaintiff respondent filed a suit for declaration of title, which was initially registered as Title Suit No. 65/88 and on transfer to the Court of Munsiff No. 2 its registration number changed to 28/89. The subject matter of dispute between the parties is at piece of land, and measuring 2 Bighas, covered by Periodic Patta No. 38, bag No. 526, Mouza Kheremia of Duliajan Town. It is the plaintiff-respondent's case that on 24.5.88 and 16.6.88, the defendant petitioner forcibly entered into the land and constructed a house thereon. The defendant-petitioner has denied the allegations in the written statement filed by him and set up his own case that he had purchased the plot of land on 11.8.87 by a registered sale deed from the original owner and title holder there of. The suit filed by the plaintiff respondent was palpably false and vexatious. He had also filed several criminal proceedings u/s 145 Cr.P.C. which eventually met with dismissal. The suit was first fixed for recording of evidence of the parties on 12.11.91 when the plaintiff failed to produce any evidence, it was ultimately dismissed in default, soon followed by an application under Order 9 Rule 9 CPC for restoration which was allowed by order dated 13 9.93 subject to payment of costs of Rs. 500/ - By the same order passed in Misc. Case No. 26/91 the plaintiff respondent was directed to produce his witness on 30th September, 1993 which he failed to produce and the suit was again dismissed. Another round of application for restoration of the suit was filed which was allowed by order dated 14.2.96. By this order the learned trial Court directed as follows :