DHRUBA JYOTI MITRA Vs. PRADIP SENGUPTA AND ANOTHER

JUDGEMENT

(1.) In the present revisional application under Art. 227 of the Constitution of India, the petitioner/defendant has sought to assail the order dated Dec. 13, 2006 passed by the learned Additional District Judge, 16th Court, Alipore in Civil Revision No. 28/05 affirming the order dated Jan. 15, 2005 of the learned Civil Judge (Junior Division), 2nd Court, Alipore in T.S. 399/95.

(2.) The O.P./plaintiffs instituted the said suit for ejectment on the ground of default since Dec., 1983 and reasonable requirement. Prior to that, they instituted T.S. 251/86 for ejectment on similar grounds which was dismissed for default on May 25, 1989. After entering appearance in the subsequent suit being T.S. 399/95, the petitioner/defendant filed an application under Order 7, Rule 11 C.P. Code for rejection of the plaint which was dismissed on 15.01.2005 by the learned Civil Judge (Junior Division), 2nd Court, Alipore and the revision preferred against the said order was also dismissed on 13.12.2006 by the learned Additional District Judge, 16th Court, Alipore.

(3.) Being aggrieved by the said order, the petitioner has come up before this Court.