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PRINCIPAL SEAT AT GUWAHATI
ROBIN PHUKAN, J
BHABEN CHANDRA BAISHYA – Appellant
Versus
PUNJAB NATIONAL BANK – Respondent


Advocates:
For the Appellants/Petitioners: MRS S GOSWAMI
For the Respondents: MR D GOGOI (R1), MR A PARVEZ (R1), MR R SHARMA (R4), MS A BEGUM (R3)

JUDGMENT

Date : 13-03-2023 Heard Mrs. S. Goswami, learned counsel for the review petitioner. Also heard Mr. A. Parvez, learned counsel for respondent No.1; Mr. R. Sharma, learned counsel for respondent No.4 and Ms. A. Begum, learned counsel for respondent No.3.

2. This application, under Order XLVII Rule 1 of the Code of Civil Procedure (CPC), read with Sections 114 and 151 of the CPC, is preferred by the petitioner, Dr. Bhaben Chandra Baishya for reviewing the judgment and order, dated 02.03.2022, passed by this court in CRP(I/O) 393/2019.

3. The factual backgrounds leading to filing of the present petition is adumbrated herein below:-

“The review petitioner, namely, Dr. Bhaben Ch. Baishya, being the plaintiff, instituted a Title Suit No.323/2014, before the learned Civil Judge, No.1, Kamrup (M), Guwahati for declaration of his right, title and interest over the suit property, and for a declaration that there is no valid and genuine mortgage of the suit property created by respondent No.2, Shri Partha Pratim Das. Be it noted here that respondent No.2, Shri Partha Pratim Das (defendant No.2 in the Title Suit No.323/2014) has availed a term loan of Rs. 14,90,000/ from the respondent No.

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