GYANENDRA MOITRA Vs. JYOTIRMOY SARKAR

JUDGEMENT

(1.) The legality and validity of the order dated 2.4.2007 passed in a petition being No. 138 of 2006 filed by the petitioner, who is the defendant in Title Suit No. 736 of 2006 in the file of the learned Civil Judge (Jr. Divn.) No. 3, Kamrup, seeking to allow him to file written statement and objection by vacating the ex-parte order dated 21.12.2006 passed in Title Suit, whereby the learned trial Court vacated the ex-parte order dated 21.12.2006 allowing to contest the suit, accepting the petition as under Order 9, Rule 7 of the Code of Civil Procedure (for short 'Code'), however, debarring him from filing written statement holding that the time prescribed to file written statement under Order 8, Rule 1 of the Code has already expired is under challenge in the instant revision petition filed invoking power under Article 227 of the Constitution of India.

(2.) Heard Mr. B. Banerjee, learned counsel appearing for the petitioner. Also heard Mr. N. Dhar, learned counsel appearing for the respondent.

(3.) The facts in a nutshell is summarized hereunder, The opposite party herein as plaintiff brought a suit in the Court of Civil Judge (Jr. Divn.), Kamrup, being Title Suit No. 736 of 2006 against the defendant (petitioner herein) seeking a decree for possessory right, title and interest and confirmation of his possession on the land described in Schedule 2 of the plaint, and for permanent injunction. Along with the plaint, an application was filed seeking temporary injunction being registered as Misc (J) Case No. 388 of 2006.