ORDER

Date : 01-03-2023 Heard Mr. R. P. Kakati, learned Senior counsel assisted by Mr. S. Sutradhar, learned counsel for the petitioners. Though notices were duly served however, the respondents have not appeared in the present case.

2. The present petition under Article 227 of the Constitution of India is filed assailing an order dated 9.9.2019 whereby the Petition No. 1755/19 arising out of Money Suit No. 15/2012 was rejected. The background facts of the present case can be summarised as under:

(i) The predecessor-in-interest of the respondent initially filed a complaint in the court of learned Chief Judicial Magistrate, Darrang, Mangaldoi u/s 500/34 IPC for initiation of Criminal defamation against the present petitioner which was registered as Complaint Case No. 2440/2011. Subsequently such defamation proceeding was challenged before this court through an application u/s 482 Cr. P. C which was registered as Crl. Petition No.392/2012.This court by order dated 3.10.2013 quashed the Complaint case No. 2440/ 2011 registered u/s 500 /34 IPC.

(ii) Simultaneously, the predecessor-in-interest of the present respondent instituted Money Suit being Money Suit No. 15/2012 in the court of lear