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1975 Supreme(Gau) 20

M.C.PATHAK
Quazi Toufiqur Rahman – Appellant
Versus
Mst. Nurbanu Bibi – Respondent


Advocates Appeared:
B. Sharma and D.K. Sharma, A.R. Kalita

Judgement

ORDER:- By this petition under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure, the petitioner has prayed quashing the order dated 20-11-1974 passed by the learned Sadar Munsiff Gauhati in Title Suit No. 141 of 1969 by which the execution of the Decree in Title Suit No. 52 of 1964 has been stayed till decision of the Title Suit No. 141 of 1969 pending in the Court.

2. The facts leading to this revision petition may be briefly stated as follows:-

3. Petitioner Quazi Toufiqur Rahman filed as plaintiff Title Suit No. 52 of 1964 on 27-3-1964 against opposite party Mst. Nurbanu Bibi as defendant. Title Suit No. 52 of 1964 was filed for ejectment of the defendant-opposite party as a tenant in respect of the suit land. The defendant-opposite party filed written statement in Title Suit No. 52 of 1964 on 30-9-1964 but the suit was decreed ex parte on 30-11-1965 for default of the defendant-opposite party. An application for setting aside the ex parte decree was filed by the defendant-opposite party and that petition was registered as Misc. Case No. 4 of 1965 and in due course the Misc. Case was allowed and the ex parte decree was set asid















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