DEBASISH CHANDRA Vs. TUHIN BILAS DEB

JUDGEMENT

(1.) There was an eviction case against the petitioner before the Civil Judge (Junior Division), Sealdah being Case No. 459 of 2004. The plaintiff's witness was examined and cross-examined. The defendant/petitioner did not adduce any evidence. That has been recorded in the judgment and decree passed by that Court dated 20th July 2009. However, the Court when on to record "that the instant ejectment case be and the same is allowed on contest with costs against the opposite party." This recording by the learned Judge has been the cause of all the controversy in this civil revision application. This will appear from the subsequent events recounted in this judgment and order.

(2.) Against this decree the petitioner filed an application under order IX Rule 13 of the Code of Civil Procedure which is pending. According to the procedure prevalent in the courts below, in aid of the application under order IX Rule 13, the petitioner also made an application for stay of the decree, pending hearing of this application. This stay application was numbered as Misc. case No. 34 of 2009. It is the order dated 8th September 2009 passed in that stay application which has been assailed in this revisional application.

(3.) The relevant part of this order is reproduced below: