PRASANTA KUMAR DEKA
Mojibul Hussain Laskar S/o Lt. Rejak Ali Laskar – Appellant
Versus
Sirajul Haque Laskar S/o Lt. Mazaid Ali Laskar – Respondent
Mr. Prasanta Kumar Deka, J.
Heard Ms. S. Senapati, learned counsel appearing on behalf of the petitioner. As per the office note dated 17.06.2017, services on the respondents are completed and this matter is taken up for disposal.
2. That the petitioner is the proforma defendant No. 2 in Title Suit No. 1/2014 pending in the learned court of Munsiff No. 1, Cachar at Silchar. The suit filed by the plaintiff/respondent was directed by the learned trial court to take steps on the defendant including the present proforma defendant No. 2/petitioner,fixing 26.03.2014 for appearance and for filing written statement of the defendants/petitioner. On 26.3.2014, the learned counsel appearing for the defendant No. 1 sought for an adjournment for filing written statement which was allowed. However, summons of the present petitioner was returned with a report from the process server purportedly shown to be served by substituted manner, and as such 11.04.2014 was fixed for written statement by defendant No. 1 and for examination of the process server. On 11.04.2014, the process server was absent and as such the matter was fixed on 21.05.2014 for filing of written statement by defendant No
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