PARUL BALA MAZUMDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the order no.135 dated February 21, 2008 passed by the learned Civil Judge (Senior Division), First Court, Burdwan in Title Suit No.55 of 1972 thereby rejecting an application dated February 21, 2008 under Order 22 Rule 4(4) of the C.P.C.

(2.) THE short fact is that the plaintiff petitioner herein instituted a suit for declaration of title, recovery of possession and mesne profits alternatively for refund of purchase money. In that suit, there were 23 defendants. THE plaintiff issued summons upon all of them. THE defendants entered appearance in the suit. Subsequently, the defendant nos.2, 4, 5, 7, 8, 9, 12, 13, 14, 16 and 17 did not file any written statement. THEy did not contest the suit. THE learned Advocate appearing for those defendants intimated the Court about that position. THEreafter, that those defendants died. THE plaintiff filed the said application under Order 22 Rule 4(4) of the C.P.C. By the impugned order, the learned Trial Judge has rejected that application. Being aggrieved, this application has been preferred.

(3.) FOR proper appreciation of the matter, the provisions of paragraph nos. 23 and 25 of the decision of T. Gnanavel (supra) are quoted below: