SABITA DUTTA Vs. SOMESWAR PANDEY

JUDGEMENT

(1.) -This is an appeal against the Order dated 14th September, 1978 passed by the learned Judge, 9th Bench, City Civil Court at Calcutta in Misc. Case No. 368/78.

(2.) Facts may be briefly stated as follows :- The predecessor-in-interest of the present appellants was a premises-tenant under the respondent No. 1 in respect of a portion of the premises No. 1A, Goabagan Street, Calcutta-6. The respondent No. 1 without serving any Summons upon the original tenant, Bejoy Kumar Dutta obtained an ex parte decree and on the basis of such ex parte decree delivery of possession was taken by the respondent No. 1 on 21.3.71 with police help.

(3.) Bejoy Kumar Dutta thereafter filed an application under Order 9 Rule 13 C.P. Code on 26.3.71 and the decree was set aside on the ground that the same was obtained without serving any Summons upon the tenant, Bejoy Kumar Dutta. Late Bejoy Kumar Dutta thereafter filed an application u/s.'144 C.P. Code for restoration of possession and the learned Judge, 9th Bench, City Civil Court at Calcutta by his Order dated 16.6.73 directed restoration of possession of the suit property in favour of Bejoy Kumar Dutta from which he was possessed in execution of the ex parte decree passed in the Ejectment Suit No. 1515/69 on 22.3.71.