JUDGMENT :

1. Heard Mr. A.K. Gupta, the learned counsel appearing on behalf of the petitioner. Ms. D.D. Barman, the learned Additional Senior Government Advocate appears on behalf of the respondents.

2. This is an application filed under Section 115 of the Code of Civil Procedure, 1908 (for short, “the Code”) challenging the judgment and order dated 16.03.2013 passed by the learned Civil Judge, Darrang at Mangaldoi (hereinafter referred to as, “the learned First Appellate Court”) in Misc Appeal No. 08/2009 whereby the appeal filed under Order XLIII Rule 1 (d) read with Section 104 of the Code was dismissed.

3. From the materials on record, it is seen that the respondents herein had filed the suit before the Court of the learned Munsiff No. 1, Darrang at Mangaldoi (hereinafter referred to as, “the learned Trial Court”) which was registered and numbered as Title Suit No. 8/1995. In the said suit, the petitioner herein was the defendant No. 1. It is further seen that in the said suit written statement was filed by the defendants. However, nobody appeared on behalf of the defendants, for which, the suit proceeded ex-parte and vide the judgment and decree dated 08.07.1996, the said suit wa