PRADIP KUMAR PARIA Vs. TUSHAR KANTI BANDOPADHYAY

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 31st May, 2010 passed by learned Civil Judge (Senior Division) 3rd Court, Howrah, District-Howrah in Title Suit No:08 of 2008 whereby and whereunder,the learned Civil Judge(Senior Division), 3rd Court, Howrah has decreed the suit against defendant No:2/appellant on contest and exparte against defendant No:1/respondent No:2(since deceased).

(2.) Being aggrieved by and dissatisfied with the judgment and decree, the defendant No:2/appellant has preferred this appeal on amongst other grounds that the suit is not maintainable in law and that learned Judge has failed to consider the true import of the provision of law and thereby came to an erroneous decision. Respondent No:1/plaintiff has contested this first appeal.

(3.) Respondent No:2/defendant No:1 did not contest the suit in the Court below. Defendant No:1/respondent No:2 died in the mean time and his heirs have been duly substituted. Since respondent No:2 was a non-contesting defendant in the Court below service of notices upon the heirs of respondent No:2 was dispensed with, by this Court.