PARIMAL CHAKRABORTY Vs. MARAN CHANDRA SAHA

JUDGEMENT

(1.) HEARD Mr. B. Banerjee, learned counsel appearing for the petitioner and Mr. I. Chakraborty, learned counsel appearing for the plaintiff -respondent.

(2.) THE plaintiff, the respondent herein, instituted a suit for recovery of possession under 6 of the Specific Relief Act, 1963 along with recovery of mesne profit. The plaintiff was in possession since long, though he had no title over the suit land as described in the schedule appended to the plaint. The plaintiff was allegedly dispossessed by the petitioner, the sole defendant in the suit, from the suit land and that has given rise of the cause, according to the plaintiff for filing the suit.

(3.) THE trial court by the order dated 10.07.2014 rejected the application for condoning the delay and as consequence thereof the application for setting aside the said order dated 17.04.2014 passed in T.S. No. 06 of 2013 was as well dismissed. The trial court thereafter proceeded with the suit and finally passed the ex -parte judgment and decree. By this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the said judgment dated 21.08.2014 delivered in T.S. No. 06 of 2013, fundamentally for affording the defendant the opportunity to contest the suit.