ADHIR CHANDRA BELEL Vs. DURGAPADA PARUI

JUDGEMENT

(1.) The revisional application is directed against an order dated August 18, 2022 passed by the learned Additional District Judge, 2nd Court at Serampore, District-Hooghly, in Misc. Appeal No.04 of 2021. The misc. appeal arose out of Misc. Case No.29 of 2017. The misc. case arose out of Preemption Case No.85 of 2013. The petitioner is the preemptee. The petitioner suffered an ex parte decree of pre-emption dated August 13, 2015 passed by the learned Civil Judge (Junior Division), 4th Court at Serampore, Hooghly. The petitioner filed an application under Order IX Rule 13 of the Code of Civil Procedure. As the misc. case was delayed by more than two years, the learned trial Judge rejected the application for condonation of delay on the ground that the petitioner did not sufficiently explain the cause of the delay and the contention that the talks of compromise going, on were not based on documentary evidence.

(2.) The petitioner preferred Misc. Appeal No.04 of 2021, which was heard by the learned Additional District Judge, 2nd Court at Serampore. The misc. appeal was dismissed on the ground that each and every days delay had not been explained. The learned lower appellate court came to the finding that the explanation that talks of compromise were going on, was vague. Not a single scrap of paper was filed to substantiate such claim.

(3.) Moreover, the learned lower appellate court found that the petitioner did not ever attend the court and hence finding no other alternative, the learned trial Judge decreed the misc. case ex parte against the petitioner on August 13, 2015, with a condition to deposit the deficit consideration amount of Rs.88,000.00 within one month.