RAGHU NATH BASAK Vs. MUNNI DEVI JAISWAL

JUDGEMENT

(1.) The revisional application was directed against the Order dated June 3, 2011 passed by the Civil Judge (Junior Division) Additional Court at Sealdah, District 24-Parganas (South) in Miscellaneous Case No. 21 of 2009 arising out of Ejectment Suit No. 351 of 2004.

(2.) By the order impugned the learned Judge allowed the application under Oder IX Rule 13 of the Code of Civil Procedure, 1908 filed by the defendant opposite party.

(3.) By an Order dated September 15, 2011 this Hon ble Court was pleased to stay the operation of the order impugned and further proceedings of Ejectment Execution Case No. 7 of 2009 until further orders. The petitioner was directed to serve a copy of the application on the opposite party. By an Order dated December 6, 2012 it was recorded that, the petitioner dispatched notice along with the copy of the application by registered post with acknowledgement due card to the opposite party. Since the petitioner did not receive the acknowledgement due card back it sought leave to serve afresh which was granted. The petitioner served the opposite party thereafter. An affidavit of service was filed showing that the petitioner caused service of the application on the opposite party.