TARUN GOGOI Vs. HIMANTA BISWA SARMA

JUDGEMENT

(1.) Heard Mr. A C Buragohain, learned senior counsel assisted by Mr. H Buragohain, learned counsel appearing on behalf of the petitioner. Also heard Mr. T J Mahanta, learned senior counsel assisted by Ms. P Bhattacharya, learned counsel appearing on behalf of the respondents.

(2.) This revision is against the order dated 03.03.2017 passed in Misc Case No.653/2016 arising out of Title Suit No.459/2015 by the learned Civil Judge No.1, Kamrup(M), Guwahati.

(3.) The present petitioner is the defendant in the Title Suit No. 459/2015. The said suit was dismissed for default on 22.09.2016 as there were no steps on behalf of the respondent/plaintiff on the said date. Accordingly an application under Order 9 Rule 9 of the CPC was filed on 03.10.2016 for restoration of the said Title Suit No.459/2015.