NIRODE BORONI DASSI Vs. MONINDRA NARAYAN CHANDRA

JUDGEMENT

(1.) This appeal arises out of a suit for establishment of right to, and recovery of possession of, the property in dispute from which the plaintiffs were dispossessed by the defendants Nos. 1 to 15 who purchased the property in execution of a decree which they obtained against one Baidya Nath Sarkar.

(2.) It appears that the defendants Nos. 1 to 15 took possession of the property in dispute through Court, and the plaintiffs applied to the Court under Order XXI, Rule 100. On the day ultimately fixed for the hearing of the case, namely, on the 14 February 1914, neither the petitioners nor their Pleader appeared and the petition was accordingly dismissed for default.

(3.) The present suit was instituted on the 27 July 1915 which was more than one year after the date of the said order.