SUMITRA DEBI VARMA Vs. GHANSHYAM DAS AGARWALA

JUDGEMENT

(1.) Legality, validity and jurisdictional propriety of an order dated 25th July, 2018 passed by the learned Additional District Judge, Fast Track-II, Sealdah in Misc. Appeal No.6 of 2018 is impugned in the instant revision under Article 227 of the Constitution of India.

(2.) Factual backdrop is stated below:-

(3.) The opposite party as plaintiff instituted a suit for eviction, recovery of khas possession and consequential reliefs against the petitioner under the provision of the West Bengal Premises Tenancy Act, 1997 which was registered as Ejectment Suit No.99 of 2005. The petitioner as defendant was contesting the suit. During pendency of the said suit, the opposite party filed an application under Order 39 Rule 2A of the Code of Civil Procedure which was registered as Miscellaneous Case No.10 of 2011. When the said case was pending for hearing, the learned trial judge passed an order dated 5th January, 2013 fixing 9th April, 2013 "for further order in the suit after disposal of Misc Case No.10 of 2011". Miscellaneous Case No.10 of 2011 was disposed of exparte on 4th March, 2013 by the learned trial judge and next date was fixed on 26th March, 2013 for peremptory hearing of the suit ignoring the fact that hearing of the suit was previously fixed on 9th April, 2013. On 26th March, 2013 the learned trial judge, however, adjourned peremptory hearing of the suit and fixed 9th April, 2013 for exparte hearing of the suit behind the back of the petitioner. The petitioner did not take any step on 9th April, 2013 when the suit was fixed for exparte hearing on reasonable belief that the Misc Case No.10 of 2011 would be taken up first and then further date would be fixed for peremptory hearing of the suit. However, to her utter shock, she subsequently found that Ejectment Suit No.99 of 2005 was decreed exparte in favour of the opposite party.