HIRJEE AUTO CENTRE Vs. DINESH KUMAR AGARWAL

JUDGEMENT

(1.) This civil revisional application arises out of order impugned dated 26th June 2013 passed by the learned 1st Additional Civil Court (Jr. Division) at Alipore in Title Suit no. 31 of 1993. By the said impugned order dated 26th June, 2013 the learned Trial Court was pleased to decide the two petitions- one filed by the present petitioner-defendant under Section 151 C.P.C and another by the present opposite party-plaintiff under Section 17(3) of the West Bengal Premises Tenancy Act, 1956 ( for short the 1956 Act).

(2.) The learned Trial Court was pleased to record at the outset as follows. First, none appears for the defendant on repeated calls. Second, no challans were found to be filed by the defendant in pursuance of his own undertaking and in compliance of the order of the court made on a previous date.

(3.) It is relevant to mention here that Title Suit no. 375 of 1987 renumbered as Title Suit 31 of 1993 as been filed by the present opposite party-plaintiff against the present petitioner-defendant for eviction and for recovery of khas possession. The suit was contested by the defendant by filing written statement.