JOGENDRA NATH BORUAH Vs. ATUL CHANDRA BORUAH
HIGH COURT OF GAUHATI
Jogendra Nath Boruah
Atul Chandra Boruah
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SUMAN SHYAM,J. -
(1.) Heard Mr. T. Chakraborty, learned counsel for the petitioner. I have also heard Mr. P. Khataniar, learned counsel representing the respondent.
(2.) This Revision Petition has been preferred against the order dated 20.04.2017 passed by the learned Civil Judge, Sivasagar in Petition Nos.1247 and 1246 arising out of Money Suit No.09/2015 whereby the written statement filed by the petitioner has been rejected.
(3.) It appears that the revision petitioner, who is the defendant in Money Suit No.09/2015, had received summons in connection with the suit on 15.06.2015 but did not appear before the Court. Due to non-appearance of the petitioner, the suit had proceeded exparte against him. It was on 15.07.2016 that the petitioner had appeared and filed Written Statement along with a petition bearing No.1246 under Order IX Rule 7 of the Code of Civil Procedure and another Petition No.1247 filed under Section 5 of the Limitation Act praying for condonation of delay. The petitioner had explained the reasons for which he could not appear earlier. Notwithstanding the same, by the impugned order dated 20.04.2017 the learned Civil Judge, Sivasagar had rejected the Written Statement filed by the petitioner while allowing him to take part in the proceeding and to cross-examine the plaintiff's witnesses and also to argue the case.;
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