JUDGMENT :

1. The present application has been filed under section 115 read with section 151 of the Civil Procedure Code, 1908 (‘CPC’) against an order dated 14.8.2019 passed in Misc. (J) Case No. 100 of 2015 arising out of Title Execution No. 5 of 2010 by the Court of the Munsiff No. 1, Kamrup (M). Though this case has been listed for motion, it was filed in the year, 2019 itself and the contesting respondents had entered appearance and it appears that as per an undertaking given on 1.10.2019, the connected executing proceedings is stayed.

2. A brief description of the facts of the case would be necessary to decide the issue raised in this petition.

3. The respondent No. 1 who is the decree holder had filed an Execution application being Title Execution Case No. 05 of 2010 before the learned Court of Munsiff No. 1, Kamrup. The decree in question dated 8.1.1999 passed in Title Suit No. 73 of 1998 was an ex parte one against the present petitioner, who is a Judgment-Debtor. It transpires that initially that an application was filed for setting aside the ex parte decree which was rejected against which the present petitioner had preferred an appeal. The Appellate Court, however, had all