AMARENDRA NATH MITRA Vs. SM. SUDHA MITRA

JUDGEMENT

(1.) The affidavit of service filed today, which indicates that substituted service of notice of the appeal has been effected on the respondents, be kept on record.

(2.) In any event, since the respondents did not contest the suit in the Trial Court, further service of notice on the respondents is dispensed with and the appeal is taken up for hearing.

(3.) By the impugned judgment, the appellant 's suit for specific performance of an agreement for sale of the 1/7th share of the predecessor-in-interest of the respondents in the subject property was dismissed by the learned Trial Judge. The suit proceeded ex parte, since the defendants/respondents did not appear despite service of summons.