KEYA DE Vs. JYOTIRMOY MITRA

JUDGEMENT

(1.) The petitioner is aggrieved by the judgment and order passed in Misc. Appeal No.32 of 2019, by the learned Additional District Judge, Re-designated Court, Paschim Medinipur.

(2.) The Misc appeal was filed by the opposite parties against the order dated February 28, 2019, passed by the learned Civil Judge (Senior Division), 1st Court, Paschim Medinipur in Judicial Misc. Case No.09 of 2016 arising out of Title Suit No.456 of 2006 rejecting an application under Order 9 Rule 13 of the Code of Civil Procedure.

(3.) The said title suit was filed for a declaration that the deed of gift was null and void, for demarcation of boundary and delivery of possession. The said suit was decreed ex parte in view of the failure of the learned advocate for the defendants to enter appearance at the time of hearing.