Manjura Bibi vs Giasuddin Sha & Ors
2022 Latest Caselaw 1213 Cal

15.03.2022 Item No.17 Court No.18 AJ.

C.O. 3809 of 2019

Manjura Bibi

-Vs-

Giasuddin Sha & Ors.

Mr. Lutful Haque, Sk. Mustak Ali.

....for the petitioner.

Mr. Haque, learned advocate appearing on

behalf of the petitioner files affidavit of service,

which is taken on record.

None appears on behalf of the opposite

parties in spite of service.

The plaintiff in a suit for declaration of

title and injunction is the petitioner of the present

application under Article 227 of the Constitution

dated September 11, 2019 passed by the learned

Civil Judge (Junior Division), Haldia, District

Purba Medinipur in the said suit being Title Suit

No. 89 of 2018.

The prayer of the defendant nos. 1 & 2 for

acceptance of their written statement filed beyond

the prescribed period of limitation was refused by

the learned Trial Judge vide order No. 9 dated

September 05, 2018 and the suit was fixed for ex-

parte hearing against the said defendants.

Thereafter, upon conclusion of the

argument from the side of the plaintiff; April 01,

2019 was the date fixed for delivery of judgment

in the said suit.

The said defendants at this stage on April

02, 2019 filed their written statement along with

an application for acceptance of it and removing

the suit from the ex parte board.

The learned Trial Judge by the order

impugned has allowed the said prayer of the said

defendants subject to payment of costs.

The learned Trial Judge has acted with

material irregularity in exercise of his jurisdiction

in allowing the said defendants in filing their

written statement since the prayer of the said

defendants for acceptance of written statement

was earlier turned down and the order to the said

effect has attained finality.

The order impugned for the aforesaid

reason is not sustainable and is accordingly set

aside.

The learned Trial Judge is directed to

dispose of the suit by pronouncing judgment as it

was scheduled by the order dated April 01, 2019.

C.O. 3809 of 2019 is allowed without any order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)