RAMAPADA PARICHA Vs. JYOTI @ JATINDRA NAYAK

JUDGEMENT

(1.) The Rule is directed against the order, dated the 15th Feb., 1975 passed by the learned Munsif, Jhargram in Judicial Misc. Case No. 32 of 1972 restoring to file Title Suit No. 15 of 1971.

(2.) The opposite party Nos. 1 and 2 along with their father Guiram Nayak filed an application under Order 9 Rule 13 read with Sec. 151 of the Code of Civil Procedure for restoration of the title Suit to file after setting aside the ex parte decree passed in the suit on the 10th May, 1972. In that application it was alleged that Guiram Nayak being an old man and opposite party No. 2 being inexperienced in the matter of conducting litigation, opposite party No. 1 Jatindra Nayak was in-charge of the case, but being ill, on the date when the suit was called on for hearing and decreed ex parte, he could not attend the Court with the result that the suit was decreed ex parte against all defendants.

(3.) Guiram Nayak who was the defendant No. 1 in the suit, died intestate on the 12th Jan., 1973 and five persons alleging themselves to be heirs of the aforesaid Guiram Nayak filed an application on the 5th May, 1973 praying for substitution in place of Guiram Nayak. The prayer was, however, rejected by the learned Munsif by his order, dated the 3rd Aug., 1974.