HIRANYA BORA Vs. INDIAN NATIONAL TRADE UNION CONGRESS AND 11 ORS
HIGH COURT OF GAUHATI
Indian National Trade Union Congress And 11 Ors
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Kalyan Rai Surana, J. -
(1.) Heard Mr. Devashis Baruah, the learned counsel for the petitioner. Also heard Mr. Nishitendu Dhar, the learned counsel for the respondents No. 1 and 2 as well as Mr. Gautam Choudhury, the learned counsel for the respondents No. 3 to 13.
(2.) By this revision under section 115 CPC, the petitioner has challenged the order dated 26.02.2018, passed by the learned Civil Judge, No. 3, Kamrup (Metropolitan), Guwahati, in T.S. No. 77/2014, whereby the said suit was dismissed on being abated on the death of deceased defendant No. 2. By the same order, the learned trial Court had also rejected two other petitions, viz., (i) petition No. 4934/2017 filed by the petitioner for striking out the respondents No. 3 to 13, and (ii) petition No. 4935/17 filed by the petitioner for recording compromise of the suit.
(3.) At the outset, the learned counsel for the petitioner had submitted that if the learned trial Court had allowed petition No. 4935/2017, the suit would have been disposed-off on a compromise decree, as such, if the said petition is interfered with in this revision, it would have the effect of disposing of the suit on compromise. Hence, this revision was filed under section 115 CPC. However, if on facts, this Court is not inclined to exercise jurisdiction under section 115 CPC, then this Court may invoke its extraordinary superintending jurisdiction under Article 227 of Constitution of India to pass any such order as it may deem fit and proper.;
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