JAYDEB SHAW Vs. PURNA CHANDRA VELECHA

JUDGEMENT

(1.) THIS revisional application is directed against the judgment and order dated January 31, 2007 passed by the Civil Judge (Senior Division) 4th Court, Alipore in Misc. Case No. 24 of 2006.

(2.) THE petitioner filed an application under section 47 read with Order 21 Rule 97 to 103 of the Code of Civil Procedure challenging the ex parte decree passed in Title Suit No. 103 of 1994 as nullity, having passed against one of the defendant who was dead.

(3.) EVEN after the substitution, the writ of summons were issued upon the aforesaid daughters but they did not appear. Subsequently one of the daughter namely Namita Shaw also died as spinster and decree holder/opposite party no. 1 filed an application for expunction of her name. In spite of service of summons she neither appeared nor contested the said suit by filing written statement. The trial court allowed the said application and the name of the said Namita Shaw was expunged. Ultimately the suit was posted for final hearing and was decreed ex parte on 27th October, 2005 negativing the claim of specific performance of the said agreement but allowing the claim of the refund of Rs. 2,75,000/- along with interest @ 5% per month till realization and a decree for permanent injunction restraining the defendant from alienating, encumbering and/or disposing of the suit property in any manner until the payment of the decreetal amount.