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1995 Supreme(Gau) 88

K.PATNAIK
M / s. Apollo Machinery Mart – Appellant
Versus
On the death of Firoj Shah Mustt. Rausana Begum and others – Respondent


Advocates Appeared:
Mr. A. S. Choudhury, Mr. S. K. Saha Mr. S. Nath and Mr. S. Deb Roy, Advs, for the Petitioner; Mr. A. M. Mazumdar, Mr. B. C. Sarma and Mr. F. Ali, Advs

Judgement

This is a revision under Section 115, CPC, read with Article 227 of the Constitution of India. The facts of the case are that the opposite party filed TS No. 112 / 84 against the petitioner claiming that the petitioner was a tenant under the opposite party in respect of the suit house and defaulted in payment of rent and praying for eviction of the petitioner from the suit house and for recovery of arrears of rent. By judgment dated 8-10-1993, the learned Assistant District Judge No. 1 Kamrup, Guwahati, decreed the suit for eviction and recovery of arrears of rent. Against the said judgment, the petitioner filed TA No. 11/ 93 in the Court of the Additional District Judge Kamrup, Guwahati. In the said appeal, the petitioner filed a petition praying that the records of MS No. 20 / 88 and MS No.19 / 92 pending in the Court of the Assistant District Judge No. 1, Kamrup, Guwahati be called for. The opposite party filed an objection to the said petition. After hearing the parties, by order dated 5-1-1995, the learned Additional District Judge, Kamrup, Guwahati rejected the said petition on the ground that the formalities laid down under O.13, R.10, C. P. C. had not been observe









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