JUDGMENT AND ORDER (ORAL)

Date : 06-03-2018

Heard Ms U. Chakraborty, learned Special Senior counsel, NF Railway, appearing for the appellants. Also heard Mr. S. Banerjee, learned counsel for the respondent.

2. On 5.2.2018, the learned counsel for the parties had submitted that having regard to the issues involved in the appeal, instead of formally admitting the appeal, the appeal can be disposed of at the admission stage itself and it was also contended that the records need not be called for.

3. It is in the light of the above order, the appeal was heard at the admission stage and is being disposed of by this order today.

4. In IA(C) No. 1433/2017, this Court had passed the following order on 5.3.2018:- “Heard Ms U Chakraborty, learned Special Senior counsel, NF Railways appearing for the applicants. Also heard Mr. S. Banerjee, learned counsel, appearing for the respondent.

This is an application under Section 151 CPC praying for grant of leave to prefer appeal under Section 96 read with Order 41 Rule 1 and 2 CPC against the ex parte judgment and order dated 12.8.2016 passed by the learned Civil Judge No. 2, Kamrup(M) in MS No. 372/2015.

The applicant is the Union of India, represented b