RAMJI ROY Vs. RAM CHANDRA SHAW

JUDGEMENT

(1.) This is an application for recalling of the judgement dated 23.06.2009 passed by Hon'ble Justice Jyotirmay Bhattacharya in S. S. 323 of 1999.

(2.) Learned counsel for the petitioner contends that the OP/ plaintiff filed a Title Suit being 407 of 1988 against the defendant/ petitioner herein for his eviction from the suit premises as a licensee though the defendant/ petitioner herein was a tenant in the suit premises for a long time. By judgement and decree dated 29th June, 1996 Learned erstwhile Munsif, First Appellate Court, Sealdah dismissed the suit on contest. Against the order of such dismissal the petitioner herein preferred an appeal being Title Appeal No. 101 of 1996. The said appeal being Title Appeal No. 101 of 1996 was allowed by Assistant District Judge, Sealdah on 26.05.1997 reversing the aforesaid judgement and decree of the Learned Trial Court. The plaintiff then filed a Second Appeal being S. A. 323 of 1999 which was heard by the Hon'ble Justice Jyotirmay Bhattacharya and by order dated 23.06.2009 His Lordship has been pleased to set aside the judgement and decree of the Learned First Appellate Court and restored the judgement and decree passed by the Learned Trial Court.

(3.) Being aggrieved by and dissatisfied with such order the defendant/ petitioner herein has preferred this application for recalling of the said judgement dated 23.06.2009. The grounds for recalling such order are mainly absence of learned advocate for the petitioner Mr. Tapan Kumar Mitra at the time of hearing of the matter which was disposed of without hearing the learned advocate for the petitioner herein, that means the respondent in the aforesaid appeal. In paragraph nos. 7 to 13 of the petition the petitioner has stated in details the grounds for absence of learned lawyer for the petitioner herein as well as inability of the petitioner to represent at the time of hearing on account of his old age and infirmity. In fact the Second Appeal was disposed of ex parte on 23.06.2009 and thereafter he applied for certified copy of the said order on 01.07.2009 which was made ready on 31.08.2009 but in fact he got delivery of the same in the second week of September. Thereafter he could not meet his learned advocate in the month of September to take necessary steps for filing the application for recalling the said order and ultimately he has filed this application on 26.10.2009 and such delay was unintentional for which he has prayed for condonation of such delay in paragraph no. 12 of the petition and to allow the instant prayer for recalling of the aforesaid order.