KRISHNA BAHADUR CHHETRY Vs. SILIGURI MUNICIPALITY

JUDGEMENT

(1.) THIS application is at the instance of the plaintiffs and is directed against the order no.97 dated July 31, 2003 passed by the learned Civil Judge (Senior Division), Jalpaiguri in Misc. Case No.16 of 2001 arising out of the O.C. Suit No.97 of 1996.

(2.) THE short fact is that plaintiffs instituted a suit being O.C. Suit No.97 of 1996 for declaration, cancellation of a sale deed, injunction and other reliefs. In that suit, notices were issued upon the opposite parties but they did not contest the said suit. As a result, the suit was decreed ex parte on December 5, 2000. THEreafter, on October 5, 2001, the defendant nos.1 to 3 filed an application for setting aside the ex parte decree along with an application under Section 5 of the Limitation Act, 1965 for condonation of delay and the said application for setting aside the ex parte decree was converted into a Misc. Case No.16 of 2001. That misc. case was dismissed for non-appearance of the defendants. THEreafter, the defendant nos.1 to 3 filed another application under Order 9 Rule 9 of the C.P.C. for restoration of the earlier Misc. Case No.16 of 2001 and the said misc. case was registered as Misc. Case No.21 of 2002. THE said misc. case was allowed restoring the Misc. Case No.16 of 2001, on March 5, 2003. Challenging that order, the plaintiffs preferred a civil revision being C.O. No.1319 of 2006. That revisional application was not entertained but the Hon"ble Court directed the learned Trial Judge to dispose of the Misc. Case No.16 of 2001 peremptorily within three months from the date of communication of the order. THErefore, on July 31, 2006 the learned Trial Judge allowed the said Misc. Case No.16 of 2001. Being aggrieved, the plaintiffs have preferred the present revisional application. Now, the point for consideration is whether the impugned order should be sustained.

(3.) URGENT xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.