BACCHU SK Vs. NURUL HUDA SARKAR

JUDGEMENT

(1.) Heard Ms. R. Choudhury, learned counsel for the petitioner. also heard Mr. F U Barbhuyan, learned counsel for the respondent.

(2.) The respondent as the plaintiff filed Title Suit No. 1/2016 in the court of learned Civil Judge at Dhubri against the present petitioner/defendant for specific performance of contract in respect of a particular plot of land described in the schedule of the plaint. The said suit was decreed ex-parte as follows:-

(3.) Thereafter the said decree was put into execution which was registered as Title Execution No. 2/2018 in the court of learned Civil Judge, Dhubri. On receipt of the notice from the executing court, the petitioner filed an application under Order 9 Rule 13 of the CPC which was registered as Misc (J) Case No. 28/2018. In the said application it was stated that in Title Suit No. 1/2016 along with Misc(J) Case No. 4/2016, the plaintiff respondent took steps and the summons was served on a person namely Mohiruddin instead of the present petitioner defendant whose name is Bacchu SK @ Basir SK. The said person Mohiruddin did not inform about the service of summons and its acceptance by him. Mohiruddin is the son of Babul Hussain and the said Babul Hussain is the son of the petitioner/defendant. The relation between the petitioner/defendant and Babul Hussain is strained because of the fact that the said Babul Hussain also filed Title Suit No. 20/2016 against the petitioner/defendant for specific performance of contract in respect of the same land which is the decreetal land in Title Execution No. 2/2018. Alleging that there were suppression of material facts in the plaint by the plaintiff/respondent in the suit, the petitioner sought for setting aside the ex- parte judgement and decree. Similar petition was also filed in Misc(J) Case No. 4/2016 arising out of Title Suit No. 1/2016 by way of which the plaintiff/respondent sought for temporary injunction against the present petitioner.