SALIMAR PAINTS LIMITED Vs. ASOKA DEB

JUDGEMENT

(1.) BABOO LAL JAIN, J. : This is am application under Section 115 of the Code of Civil Procedure made by the M/s. Shalimar Paints Limited, the defendant in Title Suit No. 44 of 1986 Ashoka Deb and Anr. v. Shalimar Paints Limited ). The said suit was instituted by the plaintiffs, decree holder on or about 24th March, 1986, inter-alia for eviction of the petitioner. The writ or summons was served upon the petitioner and the petitioner appeared in the suit through advocate and prayed for time to file its written statement. Such time was granted to the petitioner on several occasions. The petitioner also made an application before the Trial Court under section 17 (2)of the West Bengal Premises Tenancy Act. The petitioner, however did not file any written statement. On 14th July, 1987, the time to file me written statement was again extended at the prayer of the petitioner till 27th November, 1987. On 27th November, 1987 the petitioner did not appear nor prayed for any further extention of time to file its written statement and the suit was fixed for exparte hearing as no written statement was filed with in the extended time. The suit was adjourned for exparte hearing from time to time on 17th February, 1988, 11th May, 1988, 29th July, 1988. Ultimately, on 3rd October, 1988 being last adjourned date, the suit was taken up for exparte hearing and the evidence was taken. On the said date, the suit was adjourned for orders on 4th October, 1988 and an exparte decree was passed on 4th October, 1988. It appears that no steps were taken on behalf of the petitioner from 27th November, 1987, until the said exparte decree was passed.

(2.) THEREAFTER, on 13th February, 1989 the petitioner filed an application under Order 9, Rule 13 of the Code of Civil Procedure. The said application was marked as Misc. Case No. 8 or 1989. On the same date, that is 13th february, 1989 the petitioner filed an application under Section 151 of the code of Civil Procedure for stay of operation of the exparte decree. On 29th March, 1989 the petitioner filed an application is Title Execution Case no. 4 of 1989 for stay of execution was rejected by the Assistant District judge, First Court, Alipore. On 17th April, 1989 the said application for stay filed in Misc. Case No. 8 of 1989 was rejected by the First Assistant district Judge. The said application in Misc. Case No. 8 of 1989 was disposed of by an order No. 23 dated 17th April, 1989.

(3.) THEREAFTER on 26th June, 1989 the petitioner made an application before the High Court under Section 115 of the Code of Civil Procedure against the aforesaid Order No. 23 dated 17th April, 1989. The Division bench of this Court directed the matter to appear as a contested application two weeks hence and ad-interim stay of all further proceedings was ordered in the meantime. The said application is not before us.