JADAV CHANDRA BANIK Vs. JOGESH CHANDRA SUKLA DAS
HIGH COURT OF GAUHATI
Jadav Chandra Banik
Jogesh Chandra Sukla Das
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R.S. Bindra, J.C. -
(1.) This revision petition under Sec. 115 of the Civil P. C. and Para 34 of Tripura (Courts) Order, 1950 is directed against the order dated 23 -11 -1967 of the 'Additional Subordinate Judge by which he set aside the ex parte decree dated 9 -9 -1965 in Title Suit No. 7 of 1964 against a number of defendants including Jogesh Chandra Sukla Das the respondent herein.
(2.) There were as many as 11 defendants in the suit Ex parte proceedings were declared against all of them as none of them put in appearance despite, as the trial Court once held, personal service. Defendant No. 1 Sridam Banik subsequently put in appearance before the ex parte evidence was recorded and expressed his intention to defend the suit. Ultimately, however, he and the plaintiff entered into a compromise. On the basis of that compromise and ex parte evidence recorded against others the suit was decreed against all on 9 -9 -1965, the decree being ex parte against all excepting Sridam Banik. Thereafter, Jogesh Chandra Sukla Das aforementioned moved the Court under Order 9, Rule 13 of the Code for setting aside the ex parte decree on the allegations that he had never been served and that the report that he had been personally served was fake and fictitious. The plaintiff Jadav Chandra Banik joined issue with him on the question of personal service. The Court, however, accepted the contention of the defendant and by its order dated 23 -11 -1967 set aside the ex parte decree in its entirety on payment of Rs. 30 as costs by Jogesh Chandra Sukla Das within 15 days.
(3.) Aggrieved by the order setting aside the ex parte decree, the plaintiff Jadav Chandra Banik has come up in revision to this Court the revision is opposed by Jogesh Chandra Sukla Das.;
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