This Application under section 115 of the Civil Procedure Code is directed against the judgment and order dated 9.11.79 passed by the learned Assistant District Judge No. 1, Gauhati in dismissing the Miscellaneous Appeal No. 23 of 1977 and affirming the order passed by the learned Munsiff, Nalbari in Misc. (J) No. 15/77.

2. The opposite party as plaintiff, instituted T. S. No. 37/76 in the Court of Munsiff at Nalbari for declaration of his right, title and interest over an area of land against the petitioner who was the main defendant in the said suit. The petitioner appeared in the suit and prayed for time to file his written statement. On the prayer of the defendant, the learned Munsiff granted time for filing written-statement and finally 19.3.77 was fixed for the same. As 19.3.77 was declared a holiday, the case was put up on 21.3.77 for orders. The learned Munsiff granted further time to the petitioner upto 11.4.77, on which date the petitioner neither appeared nor took any steps in the case for filing written statement. As the petitioner-defendant was absent, the case was taken up for exparte hearing and on the said date the suit was decreed exparte against the petiti