GAUHATI UNIVERSITY Vs. SURYA KUMAR BORAH

JUDGEMENT

(1.) This petition under Sec. 115 read with Sec. 151 of the Code of Civil Procedure and/or Art. 227 of the Constitution has been directed against the order dated 1.6.95 passed by the learned Asstt District Judge, Sibsagar dismissing the Misc. Appeal No. 1/94 arising out of order dated 11.3.93 passed by the Munshiff No. 1. Sibsagar in Misc(J) case No. 19/90 and exparte decree dated 5.5.97 passed in T.S. No. 87/86.

(2.) The petition has been based on number of grounds challenging the legality and propriety of the exparte decree and the subsequent proceedings arising there from. Title Suit No. 87/86 was instituted in the Court of the Munsiff No. 1 at Sibsagar by Shri Surya Kumar Borah for declaration and correction of age recorded in the Matriculation certificate. The suit was decreed exparte by the learned Munsiff 5.5.87. The Defendant University on filed a petition under Order 9 Rule 13 Code of Civil Procedure in the year 1990 for setting aside the exparte decree dated 5.5.87 on the ground that they were not served with any summons in the case. The said petition was dismissed by the learned Munshiff on the ground that the University filed the petition after expiry of the statutory period of 30 days from the date of knowlege as alleged. The appeal preferred before the Court of learned Asstt District Judge, Sibsagar (Misc. Appeal No. 1/94) was also dismissed.

(3.) The arguments advanced on behalf of both the parties necessitates determination of the following: