AMAR KRISHNA CHOWDURY Vs. GANESH TRIPATHI

JUDGEMENT

(1.) In view of the order proposed to be made, no previous service is required to be effected on the opposite party. The petitioner, however, shall forthwith serve copy of this revisional application, together with copy of the order on the opposite party by Speed Post with A/D, as well as through the learned advocate representing the opposite party in the suit , before the learned Court below. This revisional application, at the instance of the defendant-petitioner in the ejectment suit is directed against the order dated July 24, 2017 passed by the learned Civil Judge (Junior Division) at Siliguri, DistrictDarjeeling in O.C.(Eviction) Suit No. 03 of 2009.

(2.) By the impugned order, the learned Court below has allowed the application filed by the plaintiff-opposite party for rejection of the examination-in-chief filed by the powerof-attorney holder of the defendant-petitioner, his sister.

(3.) Although, the defendant-petitioner himself affirmed the written statement filed in the eviction suit but when his turn came to adduce evidence in the suit, he alleged to be suffering from hearing deficiency and speech impediment and sought to adduce evidence through his sister in whose favour he was executed a power-ofattorney. In order to adduce evidence on behalf of the defendant-petitioner the said power-of-attorney holder of the defendant-petitioner filed her examination-in-chief and the plaintiff-opposite party filed the application before the learned Court below not to accept the examination-inchief filed by the said power-of-attorney holder of the defendant-petitioner.