JOYDEB SAW Vs. BEJOY KRISHNA MAITY

JUDGEMENT

(1.) AN order dated 10. 3. 2006 for rejection of an application for additional written statement in Title Appeal No. 8 of 1996 passed by the Learned Civil Judge (Senior division) at Ghatal is now under challenge before this Court by way of an application under Article 227 of the Constitution of India.

(2.) THE case set up by the petitioner/defendant is that the plaintiffs/opposite parties filed a suit being No. 71 of 1993 for eviction against the defendant/petitioner before the Learned Civil Judge (Junior Division) at Ghatal. The defendant filed the written statement.

(3.) THE Learned Civil Judge (Junior Division) passed the judgment and decree for eviction on 20. 01. 1996. The defendant preferred an appeal being Title Appeal No. 8 of 1996 and the Learned Appellate Court below remanded the case to the Learned civil Judge (Junior Division) on 6. 5. 1997 after setting aside the judgment and decree of the Learned Civil Judge (Junior Division ).