(1.) This revision has been filed by defendant No. 2. The two plaintiffs brought a suit against the two defendants, namely one Surendra Lal Das and other Chittaranjan Das for ejectment of the defendant from the suit house situated on the land as described in the schedule of the plaint If may be stated herein that Surendra Lal Das, defendant No. 1 is the father of plaintiff No. 1. This suit was filed in the year 1981 and this suit has not reached even the stage of hearing because the parties filed one revision after another.
(2.) Earlier there was a civil revision before this Court being Civil Revision No. 111/83 and it was dismissed for default on 22.12.89. The defendant No. 1 Surendra Lal Das died while the civil revision was pending before this Court. It may be mentioned herein that Surendra Lal Das though appeared in the suit did not file any written statement and did not contest the suit. Even he did not appear in the revision as mentioned earlier and did not contest the same. Thereafter, when the matter went back to the Trial Court, before the Trial Court an application was filed on 20.5.91 under Order 22 Rule 4(4) read with Section 151 of the Civil Procedure Code to grant exemption to the plaintiff from substituting the heirs or the legal representatives of the defendant and to allow the plaintiff to proceed with the suit. It was stated in that application that the defendant No. 1 had no interest in the suit and it is for that reason the defendant No. 1 did not contest the suit.
(3.) An objection was filed by the defendant No. 2 on 1.7.91 and the Trial Court after hearing both the parties on. 12.11.91 passed the following order :