NAZIBUDDIN AHMED Vs. ASHIK IKBAL (MD)

JUDGEMENT

(1.) Heard Mr. D. Choudhury, learned counsel, appearing for the petitioner as well as Mr. A. Choudhury, learned counsel, appearing for all the respondents.

(2.) By filing this application under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India, the petitioner has challenged the order dated 7.10.16, passed by the learned Munsiff No. 1, Nalbari, in Misc. (J) Case No. 59/2016, whereby the ex-parte judgement and decree dated 11.2.16, passed by the said learned Court in connection with Title Suit No. 39/14 was set aside.

(3.) The case as projected by the learned counsel for the petitioner is that the petitioner had instituted a suit for declaration of right, title and interest and for permanent injunction in respect of the suit land, measuring 1 Katha 1 Lecha under Dag No. 755/756 of K.P. Patta No. 155 of nearby town Ward No. 1, Mouza Khata together with 2 storied building and single storied building standing thereon.