IN RE SRI RAMJATAN RABIDAS Vs. STATE

JUDGEMENT

(1.) Sri Partha Sarathi Bhattacharyya, learned counsel, appears on behalf of the petitioner. In terms of the previous order of this court dated 7th of April, 2014 directing the petitioner to serve notice afresh on the opposite party, Sri Bhattacharyya produces affidavit of service in court today. On the said affidavit of service it appears that notice of CO 4019 of 2005 has been served on the sole opposite party along with a copy of the same. Such notice is also acknowledged as received. Affidavit of service is taken on record.

(2.) In spite of such service, none appears on behalf of the opposite party even today when the matter is taken up for consideration.

(3.) Sri Bhattacharyya, by filing CO 4019 of 2005 challenges the judgment and order impugned dated 6th of January, 2003 passed by the learned Additional Civil Court, (Junior Division). Raiganj, Uttar Dinajpur in Title Suit No. 43 of 1999. He submits that his client being wrongly advised had challenged the order impugned dated 6th of January, 2003 before the learned Additional District Court, Fast Track 1st Court, Uttar Dinajpur at Raiganj by filing civil revision No. 04 of 2003 which has also been decided against the petitioner-plaintiff by the order of the first revisionist court dated 20th of July, 2005.