SRI BHOLARAM AGARWALLA Vs. RAMENDRA NARAYAN CHOUDHURY

JUDGEMENT

(1.) THE Civil Revision No. 301 of 1984 is directed against the order dated 30.6.84 passed by the learned Assistant District Judge No. 1 Gauhati whereby the application of the Plaintiff opposite party under Order 9, Rule 9 of the Code of Civil Procedure was allowed and Title Suit No. 92 of 1982 which had been dismissed in default of the Plaintiff on 13.3.34 had been restored. The civil Revision No. 296 of 1984 is directed against the order dated 30.6.84 for the restoration of a Misc. Case which had arisen out of an order of injunction in the aforesaid Title Suit. Both the revisions are being decided by this common judgment.

(2.) BRIEFLY , the facts are that the Plaintiff opposite party had filed the Title Suit No. 98/82 against the present Petitioner and others, challenging a sale deed in respect of the land in favour of the Petitioner on the ground that the land was joint property of the Plaintiff opposite party and the Defendant No. 2, but the Defendant No. 2 had illegally transferred by sale "specific" portion of the properly to the Petitioner. On the prayer of the Plaintiff an order of temporary injunction was made in the aforesaid suit against the Defendant Petitioner and subsequently an application was moved for the alleged breach or violation of the said order which was Misc. Case No. 22 of 84. Both the Title Suit and the aforesaid Misc. Case were listed for hearing on 13 -3 -84, but due to the absence of the Plaintiff and his counsel, the suit was dismissed in default and the Misc. Case was disposed of as redundant in view of the dismissal of the suit. The learned Counsel for the Plaintiff applied for restoration of the suit by an application on 21.3.84. The learned Assistant District Judge, after hearing the parties, by the impugned order dated 30.6.84 restored the suit. The learned Judge also restored the aforesaid Misc. Case by a separate order which is impugned in the other revision.

(3.) I have considered the respective submissions for the parties and the materials on record.