1. Heard Mr. P.K. Kalita, the learned Senior Counsel, assisted by Mr. G.J. Saikia, the learned counsel for the appellant. Also heard Mr. D. Mozumdar, the learned Senior Counsel, assisted by Mr. N. Haque, the learned counsel for the respondent. No appearance is made on behalf of the proforma respondents herein. Hence, the matter has been heard ex parte against them.

2. Pursuant to the order dated 11.03.2016 passed by this Court, all these matters have been analogously heard.

3. In challenge with the present appeal i.e. RFA 54/2015 is the judgment and decree dated 26.04.2013 passed by the learned Civil Judge, Barpeta in T.S. No. 3/2008 by which the suit was decreed and the counter-claim of the appellant-defendant herein was dismissed.

4. The challenge in FAO No. 27/2013 is the order dated 27.08.2013 passed by learned Civil Judge, Barpeta in Misc. (J) Case No. 30/2013 arising out of T. Ext. Case No. 12/2012, thereby dismissing the application filed under Order XXI Rule 97, 99 and 101 read with section 151 CPC by refusing to accept that the appellant herein was a stranger in the proceeding of T.S. No. 7/2008 which was decreed on compromise by judgment and decree dated