HILLU KHAN Vs. HAZI TAYEB ALI

JUDGEMENT

(1.) The petitioner before this Court is an applicant in a Miscellaneous case being Misc case 132 of 2011 which is an application under Order IX Rule 13 of the Code of Civil Procedure seeking to set aside ex-parte decree passed in Ejectment Suit being No. 1423 of 2001 by the Learned 2nd Bench Presidency Small Causes Court at Calcutta, and an Appellant in Misc Appeal No-20 of 2016 pending before Learned VIII Bench City Civil Court Calcutta instituted against Order of dismissal of Misc Case No-132 of 2011 and is aggrieved by the Order dtd. 28/9/2018 passed by the Learned Appellate Court in dismissing the application made by the appellant/petitioner under Order 39. Rule 1 and 2 read with Sec. 151 of the CPC.

(2.) The petitioner being aggrieved by the Order of the Learned Trial Court in dismissing the application under Order IX Rule 13 of the Code of Civil Procedure being Misc Case No 132/2011by order dtd. 04/03/2016 and order dtd. 28/09/2018 passed by Learned Appellate Court in dismissing the application under Order 39 Rule 1 and 2 of the Code of Civil Procedure filed by the Appellant/petitioner in Misc Appeal 20 of 2016 has come up with this application under Article 227 of the Constitution of India.

(3.) The petitioner filed an application for setting aside ex-parte decree claiming her as daughter of the defendant since deceased. By Order dtd. 4/03/2016 the Learned Trial Court was pleased to dismiss the said application by observing and directing as follows: