BUDHA CHANDRA SINGHA Vs. DHANESHWAR SINGHA

JUDGEMENT

(1.) Heard Mr. K A Mazumdar, learned counsel for the petitioner and Mr. GN Sahewalla, learned senior counsel for the respondent.

(2.) The challenge in this revision petition is to the order dated 18.12.2018 passed by the learned Civil Judge, Hailakandi, whereby, the execution proceeding, which was dismissed for default was restored.

(3.) The facts leading to the present revision petition are that the respondent as plaintiff filed the Money Suit No.18/2014, which was decreed and the execution proceeding was initiated, which was registered as Money Execution case No.09/2016. The decree holder/ respondent failed to appear on various dates and therefore, the execution proceeding was dismissed for default by order dated 15.03.2018. Thereafter, the decree holder/respondent filed an application under Order IX Rule 9 CPC, praying for setting aside the order of dismissal and to restore execution proceeding, which was allowed by the learned Civil Judge by the impugned order.