PULIN BIHARI JANA Vs. ASHOK KUMAR MAITY

JUDGEMENT

(1.) THIS Rule was obtained by the plaintiff /petitioner and it is directed against an order dated 28. 8. 2006 passed by Learned Civil Judge (Junior Division), Haldia, Dist. Purba Midnapur dismissing the application under Section 148 of the Code of Civil procedure for extending the time to make the deposit in terms of the ex parte order and decree dated 22. 6. 2006 and 28. 6. 2006 for pre-emption of the land under certain circumstances.

(2.) THE fact of the present application may be stated as follows;-The petitioner / plaintiff being a co-sharer filed a suit being T. S. No. 256 of 1998 against the defendants / opposite parties under Section 22 of the Hindu succession Act, 1956 for a decree of pre-emption on 'ka' schedule property in connection with the sale deed dated 20. 8. 95 executed by Nalini Jana (defendant no. 4) in favour of defendant No. 1 to 3 before the Learned Civil Judge (Junior division) Haldia.

(3.) LEARNED Civil Judge (Junior Division) passed the ex parte order and decreed on 22. 6. 2006 and 28. 6. 2006 as the defendants did not contest the suit and Learned Civil judge (Junior Division) passed the decree for pre-emption of 'ka' schedule property in terms of Section 22 of the Hindu Succession Act, 1956 after depositing a sum of rs. 7,000/- in Court in favour of the defendant No. 1 to 3 within a month of the date of passing of the order i. e. , 22. 6. 2006.