BIMAN ROY Vs. SAIBAL MITRA

JUDGEMENT

(1.) This revisional application is at the instance of an applicant under Order 9 Rule 9 of the Code of Civil Procedure and is directed against Order No. 55 dated December 12, 1999 passed by the learned Civil Judge, Junior Division, Siliguri in Misc.Case No. 5 of 1995 thereby rejecting an application for appointment of an Advocate Commissioner for examination of a Doctor staying in Calcutta.

(2.) The opposite party filed a suit for eviction against the petitioner in the Court of learned Civil Judge, Junior Division, Siliguri, District-Darjeeling in O.C. Suit No. 47 of 1991 and the said suit was decreed ex parte. In execution of the said decree, the opposite party, having taken possession, the petitioner came forward with an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree thereby giving rise to Misc.Case No. 3 of 1993.

(3.) The said Misc.Case No. 3 of 1993 came up for hearing on January 7,1995 when the learned trial Judge dismissed the said Misc. Case for default.