ABDUL GONI Vs. S. K. HENA

JUDGEMENT

(1.) The plaintiff/opposite party filed partition suit being P.S. No- 284 of 2015 in the 1stCourt of Civil Judge Senior Division Malda which is bad for non-joinder of the necessary parties and defective for non-inclusion of all the properties of the predecessor-in interest of the parties.

(2.) The Petitioner/Defendant no-1 is working as a daily rated labour. The petitioner/defendant no-1 had to go outside to the State and to the different States of India for earning the livelihood of himself and for his family. In the circumstances the wife of the petitioner has received the summon without understanding the purports, contents and consequences of the suit receipt. The service of the said summon was beyond the knowledge of the petitioner inasmuch as the petitioner being an uneducated person will not have understood the same, however in that case had he knowledge about the same he could take assistance of his Learned Lawyer.

(3.) That sometime on July 2019 while gossiping with other defendants to the said suit the petitioners gathered knowledge about the suit P.S. No. 284 of 2015 pending for disposal in the 1stCourt of the Learned Civil Judge Senior Division Malda. On searching the petitioner obtained the said summon of the suit from his home. Immediately upon obtaining the same the petitioner went to his Learned Lawyer and narrated about the entire incident.