GAUHATI UNIVERSITY Vs. BABUL CHAUDHURY AND OTHERS

JUDGEMENT

(1.) AND ORDER (Oral) - Heard Mr. A.C. Sarma learned counsel for the petitioner as well as Mr. R. Sharma learned counsel appearing for the respondent No.1. None appears on call for the proforma respondent Nos.2, 3 and 4.

(2.) By filing this application under Article 227 of the Constitution of India the petitioner has challenged the order dated 30.03.2015 passed by the learned Munsiff No.3 Kamrup (M), Guwahati in Misc.(J) Case No.447/2014 arising out of Title Suit No.21/2008, thereby rejecting the application filed by the petitioner under Order IX Rule 7 CPC read with section 151 CPC to vacate the order dated 19.03.2017 to proceed ex-parte against the respondent.

(3.) In the application for setting aside the party to proceed ex-parte the petitioner has made a specific statement that the said authority i.e. Registrar of Gauhati University became aware of the said notice on 01.09.2014 when the proforma opposite party No.3 came to the Chamber of the Vice Chancellor of the Gauhati University and informed about the pendency of the suit filed by the plaintiff in respect of Faculty's Canteen situated in the campus of the Gauhati University.