DEBRAM PEGU Vs. LAKHINATH PAYENG

JUDGEMENT

(1.) Heard Mr. G. Baishya learned counsel for the petitioner. None appears on call for the respondent. Notice has been duly served on all the respondent as per the order dated 27.06.2013 passed by the Lawazima Court.

(2.) By filing this application under Article 227 of the Constitution of India the petitioner has challenged the order dated 21.09.2012 passed by the learned Civil Judge, (Junior Division No.1), Lakhimpur, North Lakhimpur in Title Suit No.29/2011.

(3.) By the said order the learned Trial Court had allowed the respondent/ plaintiff to withdraw Title Suit No.29/2011 with liberty to file afresh. The learned counsel for the petitioner has referred to a copy of the written statement/ counter-claim filed by the petitioner/ defendant before the learned Trial Court on 24.02.2011.