BHAGIRATH LOHAR Vs. SREEMATYA SANDHYA MALAKAR

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against an order dated 24th September, 2004 passed by the learned Civil Judge (Junior Division), 1st Court, Chinsurah, Hooghly in Title Suit No. 22 of 2004 rejecting the petitioner's prayer for setting aside the order of ex parte hearing of the suit on acceptance of written statement filed by the defendant beyond the time allowed to him by the learned Trial Court.

(2.) The petitioner in this revisional application is the defendant in a suit for eviction of licensee and for recovery of damage and injunction.

(3.) June 8, 2004 was fixed by the learned Trial Court for filing the written statement by the defendant. On that date, the written statement could not be filed by the defendant as the learned advocate who was engaged by the defendant in the Court below not only returned the brief on account of his personal inconvenience but also retired from the case on the very same date i.e. June 8, 2004 which was fixed for filing the written statement in the Court below.