SHANTI PRASAD DE Vs. ALOKE KUMAR PAL

JUDGEMENT

(1.) Being aggrieved by and dissatisfied with the order dated August 30, 2018, September 05, 2018, September 29, 2018 and October 03, 2018 passed in the J. Misc. Case No. 06 of 1995 pending before the learned Civil Judge (Junior Division) Bishnupur, present revisional application has been preferred by the Order No. 103 dated October 10, 2018 the learned Trial Court was pleased to accept the written objection filed by the opposite parties of the J. Misc. Case. No. 06 of 1995.

(2.) The background of the case in a nutshell is that, the petitioner Shanti Prasad Dey filed an application under Order VIII of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the said Act of 1955"? in short) being J. Misc. Case No. 6 of 1995 against the opposite parties Aloke Kumar Pal and Tilak Kumar Pal praying for pre-emption in respect of the suit property. On 13/9/1996 the opposite parties entered appearance in a said proceeding but ultimately they did not contest and as such pre-emption application under Sec. 8 of the said Act of 1955 was allowed ex-parte.

(3.) Subsequently the opposite party filed an application under Order 9 Rule 13 of the Code of Civil Procedure praying for setting aside the ex-parte order dtd. 6/10/2001 but the learned Civil Judge (Junior Division) at Bishnupur by its order dtd. 24/6/2011 rejected the application under Sec. 5 of the Limitation Act and also an application under Order 9 Rule 13 on contest. Being aggrieved by that order dtd. 24/6/2011 the opposite parties preferred misc. appeal being Misc. Appeal No. 03 of 2012 before the learned District Judge Bankura. By his judgment and order dtd. 19/3/2015, learned District Judge, Bankura allowed the aforesaid Misc. Appeal. No. 03 of 2012 with costs of Rs.10,000.00(Rupees Ten Thousand) and the learned District Judge was further pleased to direct the opposite parties to file written statement/objection within 30 days from the date of receipt of the order passed by the learned Trial Court and to dispose of the matter within six months from the receipt of order without granting any adjournment.