PARESH NATH BAKSHI Vs. S N BHATTACHARYA

JUDGEMENT

(1.) The hearing stems from two applications filed by the petitioners praying for revision of the judgment and orders dated 19.9.1998 & 21.02.1998 respectively passed by the Full Bench of the Court of Small Causes of Calcutta in Suit Nos. 618/1992 & 380/1993.

(2.) The circumstances leading to the above applications are that in view of requisition orders of Respondent No. 3, Respondent No. 4 took possession of the petitioners' premises and the monthly compensation in respect of one requisitioned portion was accepted by the petitioners. Due to default and delayed payment of such compensation, the petitioners instituted six suits for recovery of interest and obtained decree. Against the judgment & decree of the first suit only being 3892/84 which was contested, Respondent Nos. 3 & 4 made an application under Section 38 of the Presidency Small Causes Courts Act, 1882 for "new trial" of the suit, and the Full Bench upheld the decision of the Trial Court on 06.,04.1988. The decreetal dues were recovered through execution proceedings. But the learned Registrar suo motu raising the question of Court's jurisdiction declared the decree passed in Suit No. 618/1992 a nullity vide order dated 8.10.1993 which was affirmed by the Full Bench on 19.09.1998.

(3.) Though the next suit being 380/1993 was held to be maintainable on jurisdiction point, it was illegally dismissed ex-parte on merits by the learned Registrar vide order dated 30.04.1994 and the petitioners' application under Section 38 read with Section 36 of the Presidency Small Causes Courts Act & Section 151 C.P. Code before the Full Bench for "new trial" was dismissed on 21.02.1998 followed by dismissal of the petitioners' application under Sections 151, 152 and/or 153 C. P. Code for rectification of the apparent errors or omissions and for reconsideration of the earlier order, vide order dated 19.09.1998.