SAHADEV PRASAD GUPTA Vs. SUKUNTALA GUPTA

JUDGEMENT

(1.) The instant revsional application was filed by the petitioner defendant challenging the order dated 04.1.2007 passed by the Ld. Civil Judge,(Junior Division) 4th Court, Howrah, in Title Suit No. 272 of 2005. The learned Civil Judge by his order dated 04.1.2007 refused to accept the written statement filed by the defendant petitioner and fixed the suit for ex-parte hearing.

(2.) The learned advocate appearing for the petitioner defendant submitted that the Opposite Party/plaintiff filed a suit for eviction being title suit No. 272 of 2005 against the present petitioner/defendant before the court of the learned 4th court civil Judge (Junior Division), Howrah praying for a decree for recovering of possession in respect of the suit property described in the schedule appended to that.

(3.) The learned advocate for the petitioner submitted that the summon was posted to the premises No. 199/2, "C" road Bamungachi, P.S. Liluah, District Howrah but was not delivered upon the defendant and same was returned in the premises No. 42/1, Kali Tala Lane P.O. Salkia, District-Howrah. On or about 12.1.2006 the said summon was received by the petitioner/defendant.