SUSHIL KUMAR NATH Vs. TAPAS MITRA

JUDGEMENT

(1.) CHALLENGE is to the order no.73 dated April 18, 2005 whereby the learned Civil Judge (Junior Division), First Court, Burdwan rejected the prayer of the petitioner for accepting the written statement filed by him earlier and fixed the next date for ex parte hearing in Title Suit No.222 of 2001.

(2.) THE defendants / opposite parties instituted a title suit being Title Suit No.69 of 1998 (subsequently renumbered as Title Suit No.222 of 2001) against the petitioners praying for a decree of declaration of their tenancy right and also for permanent injunction restraining the defendants from evicting the plaintiffs from the suit property and also from disconnecting the electric line. THE suit was instituted on March 12, 1998 and the defendants appeared in the suit on April 4, 1998. But the written statement was filed by them on March 9, 2005, i.e., after about seven years from the date of appearance. Under the circumstances, the learned Trial Judge has rejected the prayer for accepting the written statement in view of the new provisions of the C.P.C., i.e., the Act of 22 of 2002. Being aggrieved, this application has been preferred by the defendants.

(3.) IN view of the peculiar nature of the suit, the talk for compromise and the fact that the matter remained unnoticed by the parties for a considerable period for non-submission of the report by the learned commissioner, I hold that it would be better to dispose of the suit on contests expeditiously.