LAWS(CAL)-2012-6-12

NAYAN RANJAN MAHAPATRA Vs. SUDHA KRISHNA DAS

Decided On June 12, 2012
NAYAN RANJAN MAHAPATRA Appellant
V/S
SUDHA KRISHNA DAS Respondents

JUDGEMENT

(1.) CHALLENGE is to the Order No.37 dated February 18, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court, Contai in Misc. Case No.16 of 2005 arising out of Title Suit No.247 of 2001.

(2.) THE plaintiff is the petitioner of the application. He instituted a suit being Title Suit No.247 of 2001 for declaration, injunction, recovery of possession and other reliefs against the opposite party in respect of the suit property as described in the schedule of the plaint. THE defendant/opposite party was contesting the said suit and he took several adjournments to file a written statement. Ultimately, he could not file any written statement. Even he did not file any show-cause as to why the suit should not be heard ex parte against him. Ultimately, the suit was heard ex parte on June 14, 2001 and then, the suit was decreed ex parte on August 31, 2004.

(3.) THE application for setting aside the decree was filed only on June 23, 2005 along with an application under Section 5 of the Limitation Act.