SMT. PAYEL CHAKRABORTY Vs. SMT. NIBEDITA LAHIRI.

JUDGEMENT

(1.) The father of the petitioner namely Pradip Kumar Chakraborty filed an application under Order IX Rule 13 of the Code of Civil Procedure against the opposite party herein for setting aside the ex-parte decree passed against him on 5/9/2007 in Ejectment Suit No. 4 of 2006 which was registered as Misc. Case No. 20 of 2007.

(2.) It is submitted on behalf of the petitioner that learned Court below heard argument in full in connection with the said Misc. Case under Order IX Rule 13 on 2/8/2014 and fixed next date for passing order. Unfortunately before passing order by the court in aforesaid misc case no. 20 of 2007 petitioner Pradip Kumar Chakraborty died on 26/11/2014 and ater his death court passed order in the said Misc. Case on 22/6/2015 whereby aforesaid Misc. Case was dismissed.

(3.) Since the said Misc. Case was rejected on 22/6/2015 petitioner herein was required to prefer Misc. appeal before the Court below by 21/7/2015.