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2004 Supreme(Gau) 28

I.A.ANSARI
Ashutosh Das – Appellant
Versus
Sushma Rani Das – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: R.P. Kakati, A.M. Buzarbaruah and Tapan Das, Advs.
For Respondents/Defendant: B.C. Das, Sr. Adv. and P.C. Dey, Adv.

ORDER

I.A. Ansari, J.

1. This revision serves as an example as to how a small unmindful and inadvertent act of omission on the part of a Court, at the right moment, can lead to denial of the reliefs, which the Court might have itself granted.

2. The order, dated 10-3-99, passed by the learned Civil Judge (Jr. Divn) No. 1, Karimganj, in Title Execution No. 7/98, is under challenge in the present revision by the decree-holder.

3. The facts leading to the present revision may be noticed as follows :--

(i) The plaintiff instituted Title Suit No. 31/87, in the Court of learned Civil Judge (Jr. Divn.) No. 1, Karimganj, seeking recovery of possession of the suit premises under Section 6 of the Specific Relief Act. The suit was dismissed on 20-7-91, by the learned trial Court on the ground that since the plaintiff and defendant No. 1 jointly possessed the suit premises and since the plaintiff was, admittedly, not the sole occupier of the suit premises, a suit for recovery of possession was not maintainable. A decree was, accordingly, drawn and the same was challenged in Civil Revision No. 286/91. This Court disposed of the said revision petition by its order, dated 4-8-95, holding to the effect


























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