MANMATHA NATH MAITY Vs. PROVABATI ROY

JUDGEMENT

(1.) This revisional application at the instance of the petitioner is directed against an order dated December 23. 1971 passed by the learned Additional District Judge, 5th Court, Alipore, in Misc. Appeal No. 592/70 setting aside the ex parte decree in Title Suit No. 1064 of the Court of the leaned Subordinate Judge 7th Court, Alipore, on reversal of the order dated November 18, 1970 passed by the learned Subordinate Judge, 7th Court, Alipore in Misc. Case No. 56 of 1969.

(2.) The facts preceding the present Rule may be summarised as follows :

(3.) The learned Additional District Judge agreed with the learned Subordinate Judge and found that summons was duly and properly served upon Provabati and she duly entered appearance in the suit and filed written statement. The learned Judge of the Court of appeal below, however, allowed the appeal and set aside the ex parte decree on the ground that summons had not been served upon the minors and there was no appearance of the minors in the suit. The petitioner has challenged the said decision of the learned Additional District Judge in the present Rule.