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B.D.AGARWAL
Sukhendu Sekhar Deb – Appellant
Versus
Arun Kumar Bist – Respondent
B.D. Agarwal, J.— The plaintiff in Title Suit No. 5 of 2008 has filed this revision application under Article 227 of the Constitution of India so as to challenge the order dated 18.7.2012 passed by the learned Civil Judge, Karimganj, whereby the order of ex parte hearing of the suit against the defendant No.4 has been vacated and the said defendant has been allowed to file written statement in the suit.
2. Heard Mr. PK Roy, learned counsel for the petitioner and Mr. D. Das, learned Sr. counsel appearing for the respondents No.4 and 10, who have appeared by way of filing a caveat. In my considered opinion, notices and hearing of the remaining respondents at this stage is not necessary and the case is being decided at the motion stage itself.
3. Sri Roy, learned counsel for the petitioner submitted that the respondent/defendant No.4, M/s Ganesh Plantations Pvt. Ltd had already appeared in the suit through a lawyer and no written statement was filed, despite taking adjournments. Suddenly, after more than four years of filing of the suit, the respondent No.10(not a party in the suit) filed a petition under Section 151 of the Code of Civil Procedure representing himself as the D
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