MD SAFI Vs. ABDUL SAMAD

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for revision of the order being No. 109 dated 19.06.2000 passed by the learned District Judge, Murshidabad in Misc. Case 42/1990.

(2.) The circumstances leading to the present revision are that the present petitioner filed T.S. 123 of 1967 in the Court of learned Munsif, 1st Court, Jangipur for eviction of the opposite parties/defendants from the disputed property and recovery of khas possession. He preferred appeal being T.A. 59/74 against the judgment and decree passed by the learned Munsif and the same was allowed ex parte on 7.10.1977. The application under Order 41, Rule 21 read with section 151 of Code of Criminal Procedure filed by the opposite parties/defendants, being registered as Misc. case 60/77 for setting aside the ex parte decree was dismissed for default on 25.5.79 followed by another application under the same provisions along with an application under section 5 of the Limitation Act on 17.9.90 being registered as Misc. Case 42/90 for setting aside the ex parte decree dated 7.10.77 on condonation of delay contending that they had no knowledge of the judgment of the Appellate Court as no summons were served and that they came to learn about the ex parte judgment and decree only on 4.9.90 on receipt of notice of the Execution Proceeding 4/89. The above Misc. Case 42/90 was allowed by the impugned order dated 19.06.2000 directing the opposite parties to pay Rs. 1000/- to the petitioner within a month.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner has preferred the present revision.