AMALESH MONDAL Vs. ANIMESH MANDAL

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the petitioners have challenged the Order No. 17 dated 10th June, 2011 passed by the Ld. 10th Bench, City Civil Court, Calcutta in Title Suit No. 5659 of 2009. By the said impugned order the Ld. Trial Court was pleased to hold as follows:-

(2.) Shri Jiban Ratan Chatterjee, Ld. Senior Counsel appearing for the present petitioners/defendants has made the following submissions:-

(3.) Relying on both the above noted decisions Shri Chatterjee points out that the Hon'ble Apex Court was pleased to hold that where exceptional circumstances have been admittedly made out, the Court will be justified in extending the time to file written statement. Shri Chatterjee has also relied upon an unreported decision of this Court in CO 2688 of 2011 in the matter of Sachindra Nath Banerjee Vs. Ananto Das & Anr.