AJMIRA BIBI Vs. MANORAMA NASKAR

JUDGEMENT

(1.) None appears on behalf of the plaintiff/opposite party. A last chance was given to the opposite parties to be represented and to contest the revisional application before this Court as already recorded in the order dated December 13, 2019. Several learned advocates had appeared in the matter and prayed for adjournments. Finding no other alternative, this matter is being taken up ex parte against the defendant nos.2 to 10.

(2.) The other defendants, namely, the defendant nos.2 to 10 had not been served and a date had been fixed for service, return and A/D for the rest of the defendants. At that stage when the order impugned was passed, those defendants were not contesting the suit. Service of notice upon those defendants/opposite party nos.2 to 10 is, thus, dispensed with.

(3.) The written statement was filed on the date fixed and as such, the order impugned dated December 18, 2018 cannot be sustained. The written statement filed by the petitioners is directed to be accepted by the learned Civil Judge (Senior Division), 3rd Court at Alipore upon payment of cost of Rs.2000/- to the plaintiff. Thereafter, the learned Court below is directed to proceed with the suit in accordance with law.