LAWS(CAL)-1993-12-9

DHARMA NARAYAN BARMAN Vs. UPENDRA NATH MONDAL

Decided On December 13, 1993
DHARMA NARAYAN BARMAN Appellant
V/S
UPENDRA NATH MONDAL Respondents

JUDGEMENT

(1.) This revisional application is directed against an order dated 29-6-91, passed by the Id. Asstt. District Judge, Alipurdwar in Misc. Appeal No. 7 of 1989, affirming the order dated 31-8-89, passed by the Munsif, Alipurdwar in Misc. Case No. 30 of 1987.

(2.) This case is "Much Ado About Nothing" when facts are briefly stated : the petitioner sought for pre-emption of the property following pre-emption case No. 58 of 1978, which sprang upon an application fixing 11-6-1987 for steps. It has been highlighted by the petitioner in his application that he could not attend the Court for his illness and the case No. 53 of 1978, however, stood dismissed for default. Thereupon, a Misc. Case was started under Order 9, Rule 9 read with Section 51 giving an account of non-appearance along with a Medical Certificate. The Id. Court of the first instance, however, did not agree to accept the claim of the petitioner as it was untenable in law and the same having been rejected by him on 31-8-89, a Misc. Appeal followed which had the same fate as that of the Misc. Case when this revision.

(3.) To begin with the viability of the orders, I could only say that there are clearing inconsistencies about the approach to the case by both the Id. Court belows. Both the ld. Courts below took hyper technical attitude in dismissing the claim of the petitioner. Therefore, in the background of such approach I proceed from the premises as on 11-6-1987.