Smt. Suchitra Paul And Another vs Sri Rathin Mullick And Others
2023 Latest Caselaw 3822 Cal

June 12, 2023 Sl. No.20 Court No.19 s.biswas CO 513 of 2023 Smt. Suchitra Paul and another vs.

Sri Rathin Mullick and others

Mr. Sounak Bhattacharya Mr. Sounak Mandal Mr. Anirban Saha Ray ... for the petitioners

The petitioners are aggrieved by three orders

dated September 7, 2022, September 23, 2022 and

November 28, 2022. All the orders have been passed

by the learned Judge, 5th Bench, Small Causes Court

at Calcutta in Ejectment Suit No.203 of 2013.

By the said orders, the prayer of the petitioners

for acceptance of written statement had been

rejected and the suit had been fixed for ex parte

hearing.

It does not appear from the record whether the

defence was struck of or not. The suit proceeded ex

parte and an ex pate decree was passed. The decree

was challenged by the petitioners in an appeal. In

the Title Appeal No.28 of 2017, the learned lower

appellate court set aside the ex parte decree and

directed the learned court below to hear the suit and

pass a judgment upon compliance of the principles

of natural justice. It was specifically found that the

suit was decreed without mentioning the ground for

eviction. The petitioners filed an application for

acceptance of the written statement. Such order was

initially allowed and then recalled.

Aggrieved, the petitioners are before this court.

The petitioners pray before this court that they may

be allowed to file written statement in the suit. The

suit is for ejectment. Whether the defence of the

petitioners had been struck out or the order of

remand amounts to a direction for rehearing of the

pending application under Section 7(1) and 7(2) of

the Act of 1997 is to be looked into.

Let this matter appear on July 5, 2023 under

the heading 'Motion'. Petitioner will produce the

entire certified copy of the order.

Service of the application upon the opposite

parties and also upon their learned Advocate in the

court below.

Affidavit of service to be filed on the next date.

(Shampa Sarkar, J.)