KRISHNA PRASAD MUKHERJEE Vs. RABINDRA NATH CHATTERJEE

JUDGEMENT

(1.) Affidavit-of-service filed in Court today be kept on record.

(2.) Despite service, none appears on behalf of the opposite parties. Hence, the matter is taken up for hearing ex parte.

(3.) It appears from the conduct of the parties, as made out in the application under Article 227 of the Constitution of India as well as its annexures, that the opposite parties are habitual defaulters and have a tendency to protract litigation. Initially an eviction suit was filed by the present petitioners on various grounds and was decreed finally. Subsequently, when the petitioners levied execution, the opposite parties took out an application under Order IX Rule 13 of the Code of Civil Procedure, since the eviction decree had been passed ex parte. In such application, the opposite parties lost up to this Court. Thereafter, as a further dilatory ploy, the opposite parties took out an application under Section 47 of the Code of Civil Procedure, which also ended in dismissal.