SULTAN AHAMED Vs. MD ASGAR KHAN

JUDGEMENT

(1.) Challenge is to the Order No. 2 dated March 28, 2011 passed by the learned Additional District Judge, Sealdah in Misc. Appeal No. 34 of 2011 thereby affirming the order No. 214 dated March 11, 2011 passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah in Misc. Case No. 9 of 2011 arising out of Misc. Case No. 23 of 2004.

(2.) The short fact is that the Plaintiff/opposite party No. 1 herein instituted the suit being Title Suit No. 476 of 1969 for eviction against the predecessor-in-interest of the opposite party No. 2 on the ground of subletting before the learned Munsif, 1st Court, Sealdah. That suit was decreed on contest in December 1993 and the appeal preferred by the opposite party No. 2 against the said judgment being the Title Appeal No. 24 of 1994 was also dismissed.

(3.) In the mean time, the Plaintiff put the said decree into execution being Execution Case No. 18 of 1994 for getting the recovery of possession of the premises-in-suit and other reliefs. The opposite party No. 2 is contesting the said title execution case and the objector/Petitioner herein filed an application under Order 21 Rule 99, 100 and 101 of the Code of Civil Procedure and the said application was converted into the Misc. Case No. 23 of 2004. That misc. case was dismissed for default. Thereafter, the objector/Petitioner herein filed another application under Order 9 Rule 9 of the Code of Civil Procedure for restoration of the aforesaid misc. case and the said application was registered as Misc. Case No. 9 of 2011. The Plaintiff contested the aforesaid misc. case by filing a written objection.