VILLAGE Vs. SATOI VILLAGE

JUDGEMENT

(1.) This revision petition is directed against the Judgment and order dated 18.7.1994 passed by the learned Deputy Commissioner, Zunheboto in Civil Appeal case No. 1/91 and the order dated 18.8.1994 passed by the learned Deputy Commissioner, Zunheboto rejecting the review application filed by the petitioner.

(2.) I have heard Mr. H.N. Sarma, learned counsel for the Revisionist as well as Mr. A.R.Barthakur, learned counsel for the respondents.

(3.) The relevant facts as to how this case has landed before this Court again may be briefly recited. This case was originally filed at Principal Seat at Gauhati on 22.9.94. After issuing notice to the respondents returnable within 6(six) weeks, the matter has been transferred to this bench. Notice was issued to the respondents, and the office note dated 8.3.95 indicates that the service of notice upon the respondents has been received back after duly served. On 14.3.95, this Court ordered for posting it for hearing in usual course. Thereafter, the matter has been listed for hearing on 13.4.95, it was passed over for the day. The matter came up again for hearing on 17.4.95. 14th being declared holiday, 15th and 16th Saturday and Sunday respectively. As none appear on that day also, the Court considering the facts and circumstances of the case disposed of the Revision petition on merit, dismissing the petition. It appears the learned counsel for the Revisionist took it as dismissal in default and filed a Misc. Application No.8(K)95 for setting aside the order of dismissal in default and prayed for restoration of the Civil Revision application. My learned brother, Shishak J, before whom the petition has been filed treated it to be dismissal in default allowed the Misc. Application on 20.6.95 setting aside the order elated 17.4.95 passed on merit. Thereafter, this Court, by an order dated 8.9.95 restored the Judgment and order dated 17.4.95. Being aggrieved, the Revisionist filed Civil Appeal No.4596/96 arising out of S.L.P.(Civil) No.27374.