MUKUL MITRA Vs. CHINMOY NANDY

JUDGEMENT

(1.) This application is directed against the Order No.19 dated March 11, 2009 passed by the learned Civil Judge (Junior Division), 2 nd

(2.) Court, Howrah in Title Suit No.83 of 2009 thereby accepting the written statement filed by the defendants / opposite parties at the belated stage.

(3.) The short fact is that the plaintiff instituted a suit being Title Suit No.83 of 2009 against the opposite parties for eviction, recovery of possession, damages and main profits etc. on the ground of reasonable requirement and guilty of causing, waste and damages. In that suit, the defendants / opposite parties 2 entered an appearance and they filed an application under Section 7(1) and 7(2) of the W.B.P.T. Act, 1997 and the application under Section 7(2) is still pending. The defendants / opposite parties herein prayed for time to file a written statement from time to time and it was granted. Ultimately, the written statement was filed by the plaintiff along with show-cause beyond the statutory period and the same was accepted. Being aggrieved, this application has been preferred by the plaintiff.