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2016 Supreme(Gau) 790

KALYAN RAI SURANA
Arjun Koiri – Appellant
Versus
Phoolbasia Koiri – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.K. Medhi, Mr. J. Das, Mr. A. Das, Mr. S. Dutta and Mr. S.G. Bhattacharjee, Advocates
For the Respondent:Mr. S.D. Purkayastha and Mr. U. Chaudhary, Advocates

ORDER :

Kalyan Rai Surana, J.

Heard Mr. S.K. Medhi, learned counsel for the petitioners. The petitioners in this revision are defendants Nos. 1, 2, 6, 7, 14, 15 and 16 in Title Suit No. 25/2014, which pending for disposal before the court of learned Civil Judge No. 1, Silchar, Cachar. Also heard Mr. S.D. Purkayastha, learned counsel appearing on behalf of sole respondent, who was the plaintiff in the said suit.

2. Mr. Medhi, learned counsel for the petitioner submits that in this revision he has challenged the order dated 01.02.2016 passed by the learned Civil Judge No. 1, Silchar, Cachar in Title Suit No. 25/2014, rejecting the prayer to vacate the order passed to proceed ex-parte against Petitioner No.1/defendant No.16. He submits that although a joint written statement was filed by the defendants Nos. 1, 2, 6, 7, 14, 15 and 16 had jointly presented, the said written statement was accepted in respect of defendants Nos. 1, 2, 6, 7, 14 and 15 and insofar as the defendant No. 16 is concerned, the learned trial court held that the written statement was not found to be filed within the prescribed time. Therefore, by the order dated 20.08.2014, the written statement filed in respect of th








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