PROVAT KUMAR MITRA Vs. SUDAKSHINA SEN

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the Order No.64 dated April 17, 2009 passed by the learned Additional Controller, Sealdah in Misc. Case No.11 of 2006 under Order 9 Rule 13 of the Civil Procedure Code (henceforth shall be called CPC ) arising out of an Ejectment Suit No.360 of 2005.

(2.) The plaintiff/petitioner herein instituted a suit being Ejectment Suit No.360 of 2005 for recovery of possession, mesne profit and other reliefs under Section 6 of the West Bengal Premises Tenancy Act, 1997 on the ground of reasonable requirement against the defendant/opposite party before the learned Additional Controller at Sealdah. Ultimately, the said suit was decreed ex parte. Thereafter, the defendant/tenant filed a Misc. Case being Misc. Case No.11 of 2006 under Order 9 Rule 13 of the CPC for vacating the ex parte decree. The plaintiff/petitioner herein contested the said Misc. Case.

(3.) Upon consideration of the materials-on-record, the learned Trial Judge allowed the Misc. Case on contest and the ex parte decree dated February 2, 2006 passed in the said Ejectment Case had been set aside. Being aggrieved, this application has been preferred.