RASOMAY MITRA Vs. LACHMI TODI

JUDGEMENT

(1.) The order dated May 26, 1981 passed by Shri S.K. Mitra, Judge, City Civil Court. Calcutta in Miscellaneous Case No. 971 of 1978 rejecting an objection under Section 47 of the Civil P. C. on the ground of limitation has been challenged under the present Rule,

(2.) A suit for ejectment being Ejectment Suit No. 530 of 1969 was filed against the petitioner on April 15. 1969 which was decreed ex parte on 4th July, 1969. This decree was put into execution on Aug. 26,. 1969 by Ejectment Execution Case No. 611 of 1969. On Nov. 12, 1969 the opposite party filed an application for allowing Police help which was numbered as Misc, Case No. 880 of 1969.

(3.) On May 6, 1970 the petitioner filed an application under Order 9, Rule 13 of the C. P. Code which was numbered as Misc. Case No. 431 of 1970. Misc. Case No. 880 of 1969 for Police help was allowed ex parte on Dec. 21, 1970. The application for setting aside ex parte decree i. e. Misc. Case No. 431 of 1970 was dismissed on contest on Mar. 25, 1972. The appeal against the order being F. M. A. 457 of 1972 was dismissed on contest on April 17, 1979. The petitioner tenant, however, was allowed time till the end of July 1979 for rendering vacant possession. Further proceedings of Ejectment Execution case remained stayed from May 7, 1970 to July 31, 1979. On July 31, 1979 the petitioner came up with the objection under Section 47 of the C. P. Code. This was numbered as Misc. Case No. 971 of 1979. On the following day an application under Section 5 read with Section 14 of the Limitation Act and Section 151 C. P. Code was filed for condonation of delay. By the impugned order the application for condonation of delay as well as objection under Section 47 was rejected.