GOKUL CHANDRA MAITY Vs. ANANDA MAITY

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against the order dated July 28, 2006 passed by the Learned Civil Judge (Senior Division), Tamluk, Purba Medinipur in Misc. Appeal No. 02 of 2003. The petitioners suffered the ex parte decree dated May 23, 2000 in Title Suit No. 06 of 1998.

(2.) The petitioners filed an application under Order IX Rule 13 of the Code of Civil Procedure registered as J. Misc. Case No. 26 of 2000 before the Learned Civil Judge (Junior Division), 2nd Court, Tamluk. The Learned Trial Judge by the order no. 57 dated September 27, 2002 dismissed the said Misc. Case. The petitioners assailed the said order of the Learned Trial Judge in the connected miscellaneous appeal. The appeal Court below by the order impugned has dismissed the said appeal.

(3.) The petitioners in their application under Order IX Rule 13 of the Code contended inter alia that due to the illness of the petitioner no. 2 they could not take steps before the Learned Trial Judge when the matter was fixed for hearing. The petitioners to substantiate their said claim relied on a Medical Certificate.