NIRU SAHA Vs. BHUPATI KUMAR SAMANA

JUDGEMENT

(1.) THIS re-visional application under Section 115 of the C. P. Code is against an order dated 19/3/88 of the Assistant District Judge of Burdwan by which an application under Section 47 of the C. P. Code filed by the petitioners in connection with Title Execution Case No. 3 of 1982 was dismissed. Relevant facts.

(2.) THE Opposite Party No. 1, Bhupati Kumar Samanta, instituted Title Suit No. 73 of 1969 in the Court of the Subordinate Judge of Burdwan against Pran Ballav Saha and his wife, Bela Rani Saha for specific performance of a contract for sale of a dwelling house. That Pran Ballav Saha is Opposite Party No. 2 before us. During the pendency of the suit Smt. Bela Rani Saha died and she was substituted by her sons and daughters including the petitioners Niru Saha, Mantu Saha and Smt. Gita Saha who were minors at that time. On the prayer of the plaintiff, for these minors substituted defendants, the Court appointed an Advocate namely Sri Jamani Sikdar as guardian for the minors for the suit. Incidentally, this Jamani Babu was also the Advocate for Pran Ballav Saha (Father of the Minors ). The learned Advocate jamani Babu accepted the appointment and also filed written statement for the minors. The suit came up for hearing on 24/2/75. On that day Jamini Babu as guardian for the minor defendants prayed for an adjournment on the ground that the plaintiff had not deposited the fees for the guardian adlitem for conducting the case of the minors. The pravers was rejected and the parties were directed to be ready at once. Ever then none of the defendants appeared to contest the suit and the Court guardian Jamini Babu also took no steps on behalf of the minors. the suit was accordingly heard ex-parte and was decreed against all the defendants.

(3.) AFTER the ex-parte decree the father, Pran Ballav Saha, filed an application tinder Order 9 Rule 13 of the C. P. Code to set aside the ex-parte decree. That application being Misc. case No. 2/75 was dismissed. Against that order dismissing the Misc. Case 2/75 an appeal was preferred being Misc. Appeal No. 103 of 1975. This Misc. Appeal also failed. This was followed by an application under Section 47 of the C. P. Code purporting to have been made by Sri Pran Ballav Saha for self and as guardian of the minors. This application under Section 47 of the C. P. Code registered as Misc. Case No. 7/85 was dismissed by the Court. A revisional application against the order passed in this Misc. Case No. 7 of 1985 was also dismissed by this High Court.