JURAN DAS Vs. ASOKE KUMAR GUPTA

JUDGEMENT

(1.) The instant First Miscellaneous Appeal is directed against a Judgement and Order of remand passed by the learned Assistant District Judge, Sealdah in Title Appeal No. 179 of 1989 on 22nd February, 1994 setting aside the Judgement and Decree passed in Title Suit No. 235 of 1982 and remanding the said suit for fresh trial.

(2.) The defendant of the said suit is the appellant before this Court. It is pertinent to mention at the outset that Mr. Kedareswar Chakraborty, Advocate represented the respondent previously. By an order dated 13th December, 2019 the learned Advocate on record on behalf of the appellant was requested to serve a notice to Mr. Chakraborty informing him that the instant appeal will be taken up for hearing this day and requesting him to take part in the hearing of the appeal. However, in spite of receipt of the Advocate's notice, the appellant remains unrepresented. The copy of the notice dated 14th January, 2020 be kept with the record.

(3.) In the absence of the learned Advocate for the respondent or the respondent himself, the appeal is taken up for hearing ex parte.