ASOMIYA CLUB Vs. INDIAN NATIONAL CONGRESS

JUDGEMENT

(1.) Heard Mr. P. Mahanta, learned counsel for the appellant. None appears on call for the respondents No.2, 3 and 4.

(2.) This appeal under Section 100 C.P.C. is directed against the first appellate judgment and decree dated 03.06.2005, passed by the learned Civil Judge, (Sr. Divn.), Sonitpur, Tezpur in Title Appeal No.3/1999, thereby dismissing the appeal filed by the appellant- plaintiff and affirming the judgment and decree dated 07.12.1998, passed by the learned Civil Judge (Jr. Divn.) No.1, Dist. Sonitpur in T.S. No.106/1984, thereby dismissing the suit by the appellant- plaintiff. The suit was for ejectment of the parties arrayed as defendants No.1 to 4 from the suit land described in Schedule-B of the plaint.

(3.) The appellant herein is the plaintiff in T.S. No.106/1984. As per the plaint, the parties originally arrayed as defendants were - (1) Indian National Congress, (2) Indian National Congress (I), (3) Sree Rakhal Chandra Ghose, (4) Indian National Congress (S), (5) Sree Bijoy Chandra Sarma (deleted by order dated 13.11.1998), and (6) Sree Mohikanta Das. Although in the suit, it was claimed that the defendant No.1 was defunct, but it is seen that vide petition No.7536 dated 17.12.1986, the defendants No.1, 4, 5 and 6 had filed their joint written statement and that by petition No.7542 dated 17.12.2006, the defendants No.2 and 3 had filed their joint written statement.