PROMODE KUMAR DAW Vs. PRABIR KUMAR GHOSH

JUDGEMENT

(1.) This revisional application is directed against Order No. 90 dated November 27, 1995 passed by learned Assistant District Judge, 4th Court, Alipore in Misc. Case No. 50/94 arising out of T.S. No. 21 of 1987 in that Court.

(2.) By the said order the Assistant District Judge allowed a petition under Order 9 Rule 13 of the Code of Civil Procedure along with another petition under Sec. 5 of the Limitation Act thereby cordoning the delay in filing of the petition under Order 9 Rule 13 of the Code and thereafter allowing the letter on merit also.

(3.) Being aggrieved by this order the Plaintiff of T.S. No. 21 of 1987 which had been dismissed ex parte as against Defendant No. 2 (decreed on contest as against Defendant No. 1) has preferred the present revisional application challenging the said order as erroneous, illegal and unsustainable.