GURU CHARAN SINGH Vs. PRAJIT KUMAR MITRA

JUDGEMENT

(1.) This revisional application is at the instance of defendant in a suit for eviction and is directed against an order dated April 25,2000 passed by the learned Civil Judge, Senior Division, 4th Court, Alipore in Misc. Appeal No. 524 of 1999 thereby affirming Order No. 73 dated September 30,1999 passed by the learned Civil Judge, Junior Division, 3rd Court, Alipore in Misc. Case No.129 of 1997.

(2.) The opposite parties brought the aforesaid suit against the petitioner for eviction. The suit was contested by the present petitioner by filing written statement.

(3.) On January 2, 1977 plaintiff's cross-examination was closed and thereafter the defendant started giving evidence. On that day in examination-in-chief only two questions were put. In answer to the first question he said that he was a driver by profession and in answer to the second question, the defendant stated that he was residing at 17D, Hazra Road; thereafter the Court adjourned the matter suo motu fixing April 10,1997 for further hearing. On that day both parties filed hazira but said Presiding Officer was on leave, as a result, the Judge-in-Charge fixed April 28, 1997 for further peremptory hearing.