RUPA GOGOI AND 5 ORS W/O LATE NRIPENDRA NATH GOGOI Vs. MD ABDUL AZIZ S/O LATE MD ASHAN
HIGH COURT OF GAUHATI
Rupa Gogoi And 5 Ors W/O Late Nripendra Nath Gogoi
Md Abdul Aziz S/O Late Md Ashan
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Kalyan Rai Surana, J. -
(1.) Heard Mr. P. Upadhyay, the learned Advocate for the appellants and Mr. J. Sharma, the learned Advocate for the respondent.
(2.) This appeal was initially filed as a revision under Section 115 CPC and was registered as CRP No. 160/2017. As the challenge was made to the order dismissing the petition filed under Section 5 of the Limitation Act, 1963 which was accompanying an application under Order IX Rule 13 CPC to vacate an ex parte decree, the appellants had filed a petition for conversion of revision into appeal, which was registered as IA(C) 4085/17 (in CRP 160/17), whereupon this Court by order dated 25.05.2018 had allowed conversion of the said revision into appeal. Accordingly, the present appeal was registered.
(3.) The sole respondent herein, namely, Abdul Aziz is the plaintiff in TS No. 233/14, which was filed against Nripendra Nath Gogoi, the predecessor- in- interest of the appellants. The suit was for specific performance of contract to sell the suit land to the respondent. The suit was allowed by ex parte judgment and decree dated 01.08.2015 passed by the learned Civil Judge No.1, Kamrup (M), Guwahati. Thereafter, the decree was put to execution by filing T. Ex. Case No. 7/2016.;
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