NEELAV CHALIHA S/O DEBOJIT CHALIHA Vs. DITUL DAS AND 2 ORS S/O BIREN DAS
LAWS(GAU)-2018-9-39
HIGH COURT OF GAUHATI
Decided on September 18,2018

Neelav Chaliha S/O Debojit Chaliha Appellant
VERSUS
Ditul Das And 2 Ors S/O Biren Das Respondents

JUDGEMENT

Kalyan Rai Surana, J. - (1.) Heard Ms. B. Chowdhury, the learned counsel appearing for the appellant as well as Mr. P. Medhi, the learned counsel appearing for the respondents.
(2.) By this appeal under Order XLIII Rule 1(c) CPC, the appellant has challenged the order dated 19.05.2017, passed by the learned Civil Judge No. 3, Kamrup (Metropolitan), Guwahati in Misc.(J) Case No.289/2016, arising out of Money Suit No. 257/2015, thereby rejecting the prayer made by the appellant under Order IX Rule 9 CPC for restoration of the proceedings of Money Suit No. 257/2015 to file.
(3.) The learned counsel for the appellant has submitted that the appellant had filed a summary suit for recovery of a sum of Rs.50,00,000/- (Rupees Fifty lakh only) from the respondents. The appellant had taken steps for service of notice on the respondents in the suit and accordingly, the respondents had entered appearance in the suit on 11.12.2015. It is submitted that the appellant-plaintiff had remained unrepresented before the learned trial Court on 11.12.2015, 07.01.2016, 10.02.2016, 02.03.2016 and on 02.05.2016 and therefore, on 02.05.2016, the suit was dismissed for non-prosecution. It is submitted that on 02.05.2016, the date on which the suit was dismissed for non-prosecution, the learned counsel for the appellant had remained absent as she was out of station. By referring to the Cause-list of this Court dated 02.05.2016, it is submitted that the counsel was on leave from 25.04.2016 to 15.05.2016. It is further submitted that there was an error in noting of the case in the diary which led to the non-appearance of the counsel before the learned trial Court. In support of the submissions made by the learned counsel for the appellant has relied on the cases of (1) Lalta Prasad and Anr. Vs. Ram Karan, Manu /UP /0045 /1912 and (2) Aman Alli Saheb Vs. K. Venkata Rama Suryanarayana Subba Raju, Manu /AP /00454 /1984.;


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