SIBA PRASAD SAHA Vs. GOURANGA MOHAN SAHA

JUDGEMENT

(1.) The petitioner is the first defendant in Title Suit No.88/2007, pending on the file of the learned Civil Judge (Junior Division) 5th Court, South 24 Parganas at Alipore, instituted by the first opposite party (hereafter the plaintiff). It is a suit for declaration and permanent injunction.

(2.) By an order passed by the learned Judge on November 17, 2009, the suit was to proceed ex-parte against the petitioner and the second defendant since they had refused summonses when tendered and were not contesting it by entering appearance. However, the plaintiff was directed to take steps for service on the other defendants.

(3.) It was at this stage that the petitioner filed an application. It was alleged therein that he had no notice of institution of the suit and was, therefore, unable to enter appearance. He had heard in the locality that the plaintiff had instituted a civil suit against him and several others, whereafter he contacted a learned advocate who filed an application for information on September 20, 2010. The information that was 2 furnished revealed that a civil suit had in fact been instituted by the plaintiff and that a date had been fixed on November 16, 2010. A prayer was accordingly made for vacating the order dated November 17, 2009 and to allow the petitioner to enter appearance and to file his written statement.