UJJWAL KUMAR BIT Vs. SUBODH KUMAR DAS

JUDGEMENT

(1.) Vakalatnama has already been filed on behalf of opposite party nos.2 - 7. So far opposite party no.1 is concerned, notice has received by his daughter-in-law. Notice is accordingly declared to be validly served on opposite party no.1, who has not appeared despite service of notice, therefore the instant CMP will be heard ex-parte against the O.P. No.1. Petitioner is the defendant and instant civil miscellaneous petition has been filed for quashing the order dtd. 14/5/2024 passed in Title (Partition) Suit No.06 of 2015 whereby and whereunder, the petition under Order XXII Rules 2 and 4(i) of the CPC along with petition under Sec. 5 of the Limitation Act has been allowed.

(2.) It is argued by the learned counsel on behalf of petitioner that notices were issued in the suit and pursuant to it, defendants entered into appearance and file their written statement. The suit was dismissed for default on 28/1/2019 as no step was taken on behalf of the plaintiff for six consecutive dates.

(3.) After the suit was dismissed for default, one of the plaintiffs namely Uttam Kumar Das died on 25..08.2021 and original defendant no.1 Panchanan Bit died in early 2021 leaving behind his four sons and two daughters.