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2018 Supreme(Gau) 1457

KALYAN RAI SURANA
Dipak Sharma – Appellant
Versus
Ashok Kumar Sancheti – Respondent


Advocates Appeared:
For the Petitioner:P. Deka, N.N. Jha, B.D. Borah, B. Devi and S.D. Saikia, Advocates.
For the Respondents:S.K. Singh, V.K. Chopra and J. Chopra, Advocates.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Mr. N.N. Jha, learned counsel for the petitioner as well as Mr. J. Chopra, learned counsel for the respondent.

2. By this application under Article 227 of the Constitution of India, the petitioner has challenged the order dated 10.04.2017, passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati in Money Suit No. 3/2017, by which the petition for adjournment was refused by holding that time for filing written statement cannot be extended as the ground shown in the petition No. 1870 dated 10.04.2017 is not justifiable and the suit was order to proceed for plaintiffs evidence by permitting the petitioner to participate in the proceedings. Also in challenge is the order dated 16.11.2017, passed by the learned Civil Judge No. 2, Kamrup (M), Guwahati, thereby dismissing petition No. 3145 i.e. Misc. (J) Case No. 500/2017 in M.S. No. 3/2017, which was an application filed under Order IX Rule 7 read with Section 151 CPC with prayer to vacate the order of ex-parte proceeding against the petitioner and to accept the written statement by showing cause.

3. The learned counsel for the petitioner submits that he has explained the reason for not been abl

















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