GITA DAS Vs. SAMIR DEY & ANR

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being No. 15 dated 6th February, 2013 passed by the Learned Additional District Judge, Hooghly in Misc. Case. No. 65 of 2011 arising out of Title Appeal No. 119 of 2010 at the instance of the defendant/appellant. The appeal was admitted for hearing under the provision of Order 41 Rule 11 of the Code of Civil Procedure.

(2.) The suit for eviction filed by the plaintiffs/respondents was decreed on contest by the Learned Trial Judge. The defendant/appellant felt aggrieved by the said judgement and decree passed by the Learned Trial Judge.

(3.) The Learned First Appellate Court was not satisfied with the explanation given by the appellant for non-compliance of the Court's order regarding payment of cost within the stipulated time. Accordingly, the appellant's application for readmission of the said appeal was rejected by the Learned Appellate Court.