BHOLA NATH DAS Vs. BASANTI RANI NEOGI

JUDGEMENT

(1.) This revisional application is at the instance of a Plaintiff in a suit for declaration, recovery of possession and injunction and is directed against order dated May 18, 2000, passed by the learned Additional District Judge, 9th Court, Alipore in Misc. Appeal No. 1 of 1996 thereby setting aside order No. 132 dated December 12, 1995, passed by the learned Assistant District Judge, 9th Court, Alipore in Misc. Case No. 20 of 1985.

(2.) The present Petitioner brought against the opposite parties in the 9th Court of Assistant District judge. Alipore a suit being Title Suit No. 22 of 1982 for declaration of title, recovery of possession and permanent injunction. The said suit was decreed ex parte against the opposite parties on April 23, 1985. Subsequently, on July 22, 1985, the opposite party No. 1 came up with an application under Order 9 Rule 13 of the Code of Civil Procedure and Sec. 5 of the limitation Act for setting aside the said ex parte decree. The said application gave rise to Misc. Case No. 20 of 1985.

(3.) In the said miscellaneous case, the specific case of the opposite party No. 1 was that no summons of the aforesaid suit was served upon her and that from one Subodh Mridha of Kakdeep she came to know on July 18, 1985, that the aforesaid suit was decreed ex parte. According to the opposite party No. 1 the said Subodh Mridha went to the seresta of Amal Kumar Ghosal, Advocate, where the said Shri Mridha came to know from Sudhir Bhattacharya, the Clerk of Mr. Amal Kumar Gosal that such suit has been decreed ex parte.