KANEEZ BEGUM Vs. NOEL PATRICK

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the order No.114 dated January 3, 2011 passed by the learned Civil Judge (Junior Division), Second Court, Sealdah in Title Suit No. 595 of 1993.

(2.) The short fact is that the plaintiff instituted a suit being Title Suit No. 595 of 1993 for ejectment, damages and other reliefs against the opposite party before the said Court. THE opposite party entered appearance into the said suit on January 17, 1994. THEreafter, the defendant prayed for several adjournments to file a written statement. Ultimately, he did not care to file his written statement and as such, the suit was decreed ex parte against the opposite party on September 8, 1995.

(3.) Upon hearing the learned Counsel for the parties and on going through the materials -on -record, I find that the suit for recovery of possession against the opposite party was filed by the petitioner in 1993. The defendant appeared in the suit on January 17, 1994. The defendant took several adjournments but did not file any written statement. Ultimately, the suit was decreed ex parte on September 8, 1995. It may be recorded herein that during these period since entering appearance, that is, from January 17, 1994 to September 8, 1995, the defendant did not file any application under Section 17(2) and (2A) of the West Bengal Premises Tenancy Act, 1956.