NAZRUL HAQUE Vs. NEKJAN BIBI

JUDGEMENT

(1.) Heard Mr. B. Ullah, learned counsel for the petitioners and Mr. B. Hussain, learned counsel for the respondent.

(2.) By filing the present application under section 115 read with section 151 of the Code of Civil as well as under Article 227 of the Constitution of India, the petitioners have assailed the order dated 29.07.2015 passed by the learned Civil Judge, Kamrup (Rural), Amingaon in TS 268/14. The sole had defendant had expired during the pendency of the suit and by the said order impugned herein, the substitution petition filed by the respondent- plaintiff was allowed.

(3.) Earlier, the suit was proceeding before the Court of Civil Judge No.2, Guwahati, where it was registered as TS No. 131/06. In course of time, Civil Courts were established in the newly created District of Kamrup (Rural) at Amingaon and the suit was re-registered as T.S. No. 268/14. In the said suit, the PW-1 was examined and the evidence was closed. On 25.09.2007, the predecessor-in- interest of the present petitioners, who was the sole defendant in the suit had also filed his Evidence-On- Affidavit as well as Evidence-on- affidavit by his other witnesses. On the same day, the respondent's side had filed a petition praying for review of the previous order dated 21.08.2007 passed in the suit with a prayer to allow the predecessor-in-interest of the respondent herein to examine further two witnesses. Together with the said petition, two evidence-on- affidavit by PW-2 and PW-3 were also filed. The said review petition dated 25.09.2007 was allowed by order dated 05.04.2008 passed by the learned Civil Judge No.2, Guwahati. The predecessor-in-interest of the present petitioners had preferred an appeal against the said order dated 05.04.2008, which was also dismissed by the Court of learned District Judge, Guwahati by order dated 05.12.2008 passed in misc. Appeal No. 7/2008. Thereafter the predecessor-in- interest of the present petitioners challenged the said order dated 05.12.2008 before this Court by filing CRP No. 53/2009.