TRIDIBESH DAS Vs. SMT. TINKU DAS

JUDGEMENT

(1.) This is an application filed by the defendant/petitioner in a suit for eviction under the Transfer of Property Act, 1882. It appears that the suit was filed sometime in 2018 for eviction of the petitioner/defendant. The suit was posted for ex parte hearing as the defendant/petitioner failed to take steps, as directed by the learned Court below.

(2.) The petitioner filed an application on August 13, 2019 for recalling of the order of the learned Court below dated June 20, 2019 fixing the suit for ex parte hearing. The said application was heard and rejected by an order dated September 6, 2019 by the learned Civil Judge (Senior Division), 1st Court at Alipore in Title Suit No.643 of 2018. The said order is impugned in this application. From the order impugned, it appears that the learned Court below has recorded the failure of the defendant/petitioner to file suggested issues on June 20, 2019, as a result of which the suit was posted for ex parte hearing. The petitioner filed the written statement beyond the statutory period as prescribed under the Code, without filing an application for acceptance of the same. Although, pursuant to the liberty given by the learned Court below, the plaintiff was allowed to take a copy of the same from the file. Having considered the fact that the petitioner was never diligent in pursuing the matter ever since the suit was filed and summons was served upon him, the learned Court below rejected the application for recalling of the order by which the suit was fixed for ex parte hearing.

(3.) The learned Advocate for the petitioner submits that last chance may be granted to the petitioner to contest the suit. The learned Advocate for the petitioner further submits that under wrong advice his client filed an application under Sections 7(1) and 7(2) of the West Bengal Premises Tenancy Act in the proceeding and the delay in filing written statement and not taking subsequent steps in the suit occurred because the petitioner was advised that the filing of the written statement was not necessary until the disposal of those applications.