RABINDRA NATH MAJUMDER Vs. ARDHENDU DUTTA

JUDGEMENT

(1.) This revisional application is at the instance of tenant / defendant in a suit for eviction and is directed against order dated July 23, 2001 passed by the learned Civil Judge, Senior Division, 2nd Court, Barasat in Misc, Appeal No. 137 of 1997 thereby affirming order No. 41 dated June 19, 1997 passed by the learned Munsif, 3rd Court, Sealdah in Misc. Case No. 17 of 1990.

(2.) The opposite parties filed a suit being Title Suit No. 503 of 1986 against the petitioner on the ground of default in payment of rent. Ultimately, the said suit was decreed ex parte on December 21, 1987.

(3.) Long thereafter, on March 2, 1990 the present petitioner filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree on the ground of non-service of summons. The said application gave rise to Misc. Case No. 17 of 1990.