SUNIL KUMAR MONDAL Vs. ABDUL WADOOD

JUDGEMENT

(1.) The present revision under Article 227 of the Constitution of India is directed against the Judgment and/or order dated 17th December, 1994 passed in Civil Revision No. 177 of 94 by the learned Additional District Judge, 8th court, Alipore, 24 Parganas (South) whereby the teamed Additional District Judge allowed the revision preferred by the defendants and set aside the order of the learned Additional Munsif, 1st court, Alipore dated 22nd April, 1994 passed in Title Suit No. 1 of 1993.

(2.) The brief background of the case is that in a suit for eviction of the tenant Md. Khalil, by the plaintiffs on the ground of default, subletting nuisance and reasonable requirement. The death of the tenant, Md. Khalil, took place on 22nd June, 1975. Upon his death his legal heirs were substituted including defendant No.7, Md. Habib in the trial court. The legal heirs of deceased Md. Khalil filed a written statement. Thereafter Md. Habib died on 16-3-82 and the plaintiffs filed an application for substitution of the legal heirs of Md. Habib under Order 22 Rule 4 CPC along with a petition for condonation of the delay under section 5 the Limitation Act as that petition for substitution was filed long after the period of limitation.

(3.) On 28th July, 1986 defendant Abdul Wadood filed a petition before the learned Additional Munsif for passing an order of abatement of the suit. By another petition dated 18-9-86 the defendant also prayed for abating the suit against defendant No.7 and the plaintiffs also filed a petition dated 30-9-86 praying for substitution along with the petition under section 5 of the Limitation Act.