- (1.) THE subject matter of challenge in this batch of revision petitions filed under Article 227 of the Constitution of India is the impugned order dated 23. 6. 2004 passed by the learned Civil Judge (Senior Division) Morigaon, deciding the 2 petitions namely the petition No. 298/2004 and petition No. 256/2004 filed under Order 6, Rule 17, CPC. The first one was filed by the defendants and the second one by the plaintiffs in Money Suit No. 11/2003.
(2.) CRP No. 426/06 has been filed by the plaintiff whereas the other there have been filed by the defendants. Since the matter pertains to the common impugned order requiring to decide the legality and validity of the same, all the petitions are heard analogously as agreed to by the learned counsel for the parties.
(3.) I have heard Mr. J. Roy, learned counsel for the petitioners in CRP 426/2006 and Mr. S. S. Dey, learned counsel appearing on behalf of the respondents in the other petitions.;