LAWS(CAL)-2010-11-62

AJIT KUMAR SHIL Vs. SUBRATA NARAYAN CHOWDHURY

Decided On November 19, 2010
AJIT KUMAR SHIL Appellant
V/S
SUBRATA NARAYAN CHOWDHURY Respondents

JUDGEMENT

(1.) In the instant application under Article 227 of the Constitution of India Order No. 29 dated 18.03.2008 and order No. 39 dated 12.02.2009 passed by the learned Civil Judge (Junior Division), 2nd Court, Baruipur, South 24 Parganas in T. S. No. 12 of 2005 have been assailed.

(2.) The Plaintiff Petitioner contends that he filed the Title Suit No. 12 of 2005 against the Defendant Respondents with the following averment which is only relevant for my adjudication:

(3.) While admitting the said plaint on 25.01.2005 the learned Court below was pleased to hold that Court fees paid is sufficient, requisites put in and so directed to issue summons upon the Defendants through Court as well as by registered post with acknowledgement due. Thereafter due notice was served upon all the Defendants and while considering an application for further hearing of temporary injunction petition the learned Trial Court on his own accord passed Order No. 22 dated 17.04.2007 in the following terms: