PAHLAJ RAI GIDANDAS CHAWLA Vs. AZAZ A. FAZILI

JUDGEMENT

(1.) In the present revisional application under Art. 227 of the Constitution of India the petitioner/plaintiff has sought to assail the order being No. 5 dated March 1, 2007 passed by the learned Civil Judge (Junior Division), 2nd Court, Alipore in T.S. 99/2006 indicating acceptance of the written statement supported by a show cause petition filed by the O.P./defendant beyond time, on payment of cost by a date fixed.

(2.) The petitioner instituted the above suit for eviction of trespasser and injunction. The O.P./defendant appeared in the suit without filing any Vakalatnama on Sept. 19, 2006 and failed to file written statement and Vakalatnama even on the next date i.e. Nov. 3, 2006, for which the suit was fixed for ex parte hearing on March 1, 2007 when the O.P. filed Vakalatnama and written statement along with a show cause petition. By the impugned order the learned Court below fixed a date for payment of cost of Rs. 500.00 and acceptance of the written statement.

(3.) Being aggrieved by the said order, the petitioner has landed in this Court.