This revision is directed against the order dated 26.4.90 passed by the learned Sidar Munsiff, Gauhati in Misc. (J) Case No. 63 of 1987 arising out of T. S. No. 16 of 1985.

2. The suit was filed by the plaintiff for declaration of title and khas possession over the land after removal of the defendant, the present opposite-party. The suit was decreed ex-parte on 29. 8. 86. The petitioner executed the' decree in Title Execution No. 14 of 1986 and obtained possession of the land and the house thereon on 30.9.86.

3. The opposite party filed application under Rule 13 of Order 9 of the Code of Civil Procedure hereafter referred as the 'Code' which was Misc. (J) Case No. 63 of 1986. By order dated 6.4.87 the exparte decree dated 29.8.86 was set aside. The opposite party by application under section 144 of the Code then prayed for restitution of the property which was Misc. (J) No. 67 of 1987. The learned Munsiff by order dated 6.1.88 allowed the prayer for restitution of the property. An appeal Misc. (J) No. 8 of 1'988 was filed by the petitioner which was dismissed by order dated 13.7.89. The petitioner has filed a second appeal before this Court.

4. The opposite party prayed for issue of w

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