SHAMSHAD BEGUM Vs. GANESH CHANDRA SAHA

JUDGEMENT

(1.) PURSUANT to the order dated 18th June, 2007 service of the petitioner was effected on the opposite parties by Speed post with Acknowledgment Due. The envelopes have been returned with the endorsement "refused". Refusal to accept service amounts to good service and the opposite parties are deemed to have been served.

(2.) THIS application under Article 227 of the Constitution of India is directed against an Order dated 28th February, 2006 passed by the learned Judge, 13th Bench of the court of the City Civil Court, calcutta dismissing Miscellaneous Appeal No. 36 of 2005 from an Order No. 112 dated 26th August, 2005 or the Chief Judge, Small Causes court, Calcutta in Miscellaneous Case No. 30 of 2004 whereby the Learned Chief Judge rejected the application of the petitioner under Order 9, Rule 9 for recalling of an exparte order dated 3rd January, 2004 dismissing the earlier'application of the petitioner under Order 9, Rule 13 for setting aside the ex parte decree dated 3rd March, 1998 in Ejectment Suit No. 387 of 1994.

(3.) THE case of the petitioner was that the petitioner had been informed by his lawyer that the next date for hearing of the said misc. Case No. 30 of 2004 had been fixed on 12th January, 2004.