Nishitendu Chaudhury, J.

1. This is an appeal under Order XLIII Rule 1(t) of the Code of Civil Procedure challenging the order dated 15.06.2004, passed by the learned District Judge, Bongaigaon in Misc. (J) Case No. 3/2004 thereby rejecting the application filed by the present appellant under Order XLI Rule 19 of the Code of Civil Procedure. The present appellant had preferred Title Appeal No. 4/2002 in the Court of learned District Judge, Bongaigaon challenging the judgment and decree dated 08.10.2002, passed by the learned Civil Judge (Sr. Divn.), Bongaigaon in Title Suit No. 14/1999. By that judgment and decree, the learned trial court had decreed the suit of the respondents/plaintiffs for declaration of right, title and interest over the suit land and house and for recovery of has possession by evicting the present appellant. The appeal came up for hearing before the learned appellate court on a number of dates when the learned counsel for the appellant prayed for time. Ultimately, on 10.12.2003 when the appeal was fixed for final hearing, the learned counsel appearing for the appellant by filing an application being No. 765/2003 informed the court that he has no instr