BIMAL KRISHNA NATH Vs. MINATI SEN

JUDGEMENT

(1.) -This Misc Appeal by the unsuccessful petitioner against an order No. 28 dated 29.5.85 in Misc Case No. 11/95 passed by the learned Additional Dist Judge, Alipore.

(2.) Briefly stated the facts giving rise to the Appeal are these : The appellant-petitioner suffered a decree for eviction in Title Suit No. 49 of 1980 passed by the 3rd Court of Additional Munsiff, Alipore.

(3.) On being aggrieved a title appeal was preferred being Title Appeal No. 14 of 1984 which was fixed on the board for hearing on 20.11.1985. The appellant was although ready with his advocate for hearing but the hearing was stalled for the death of the respondent. The bench clerk booked him with the information about the death of the respondent and the hearing before substitution was, therefore, inevitably necessary.