HEMENDRA LAL BARUAH Vs. LAKSHMAN GUPTA

JUDGEMENT

(1.) Heard Mr. A.C. Sarma, learned counsel for the petitioner.

(2.) None appears for the respondent despite the names of five counsel being shown in the cause-list.

(3.) This application under Article 227 of the Constitution of India is filed against the orders dated 5.1.2017 passed by the learned Civil Judge No. 2, Kamrup(M), Guwahati in Misc. (J) Case No. 757/2016 and Misc. (J) Case No. 758/2016 arising out of Title Suit No. 231/2010, whereby the learned court below had rejected a petition under Order 22 Rule 4(1) read with 151 CPC for substitution of defendant No. 3 (Petition No. 5103), a petition under Section 5 of the Indian Limitation Act, 1963, for short, the Limitation Act to condone the delay in filing the petition for substitution and the petition for setting aside abatement (Petition No. 5105) and a petition under Order 22 Rule 4(5b) read with Section 151 CPC for setting aside abatement (Petition 5104).