JAWAR PRASAD SHAW Vs. JHARNA GHOSH

JUDGEMENT

(1.) This civil revisional application under Article 227 is at the instance of heirs and legal representatives of a deceased defendant and is directed against Order No. 4 dated 18th May, 2004 passed by the learned Civil Judge (Sr. Division), Sealdah in Misc. Appeal No.24 of 2002 thereby affirming Order No. 67 dated 30th March, 2004 passed by the learned Munsif, Second Court, Sealdah in Misc. Case No. 48 of 1994 rejecting an application under Order 9 Rule 13 of the Code of Civil Procedure filed by the predecessor-in-interest of the present petitioners.

(2.) The following facts are not in dispute: The opposite party filed a suit being Title Suit No. 175 of 1989 in the Second Court of Munsif, Sealdah for eviction of one Motilal Shaw, the predecessor-in- interest of the present petitioners on the grounds mentioned in the section 13 of the West Bengal Premises Tenancy Act, 1956. The said suit was decreed ex parte on 30th November, 1993.

(3.) In the month of April, 1994, Motilal Shaw filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside such ex parte decree on the specific ground that the summons was not served upon him. The said application gave rise to Misc. Case No. 48 of 1994.