A.H. Saikia, J.

1. Heard Mr. H.K. Deka, learned senior counsel assisted by Ms. F. Ahmed, learned Counsel for the petitioner and Mr. B. Islam, learned Counsel for the respondent.

2. On close perusal of the impugned order dated 14.6.2006 passed by the learned Civil Judge (Jr. Division) No. 2, Guwahati in Title Suit No. 284/03 and also upon hearing learned Counsel for the parties, this court proposes to dispose of this revision petition at the admission stage.

3. Having meticulously gone through the impugned order, it appears that the learned Judge expunged the evidence on affidavit filed by D.W. 1 who was the defendant No. 1 in the related Title Suit No. 284/03 on the ground that since the defendant No. 1 did not file any written statement and admittedly the case was proceeded against the defendant No. 1 ex parte, he could not be permitted to adduce any evidence.

4. It is seen that the defendant No. 1 at no point of time contested the suit which was filed by his mother, the plaintiff, for occupation of house alleged to have been constructed by the mother-plaintiff and for a decree of recovery of khas possession of the suit premises by evicting the defendants, i.e., defendant Nos.