RAM SHANKAR SINGH Vs. ARUNA SHUKLA & ORS.

JUDGEMENT

(1.) This application is directed against order no. 13 dated August 19, 2011 passed by the learned Trial Judge, 4th Bench, Small Causes Court, Calcutta in Ejectment Suit No. 339 of 2010. In a Suit for eviction filed by the opposite parties in the Court below against the present petitioner, the petitioner filed an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. That application was disposed of ex parte by the Court below on February 4, 2011. The petitioner herein thereafter filed an application under Section 151 of the Code of Civil Procedure for an order recalling and setting aside the ex parte order dated February 4, 2011 and to fix a new date for hearing of the said application under Section 7 sub-section 2 of the West Bengal Premises Tenancy Act, 1997.

(2.) It appears from the present petition that the case made out by the petitioner in the subsequent application was that on February 4, 2011, the petitioner had filed Hazira in the case and was ready for hearing the petition. But the learned Advocate was engaged in the hearing in connection another Title Suit in the City Civil Court at Calcutta. When the learned Advocate was released and came to the Court below, he learnt that the matter had already been disposed of. Under the circumstances, the petitioner prayed that the ex parte order might be recalled/set aside and the petitioner might be given sufficient opportunity to contest the application afresh. By the order impugned, the learned Trial Judge had rejected the said application.

(3.) Heard Mr. Ray in support of the petition and Mr. Dey for the Caveators/opposite party and perused the records.