Judgment

SHARMA, J. :- By the impugned judgment the Division Bench of the Calcutta High Court set aside the ex parte decree passed by the Original Side of the court in favour of the plaintiff Sudha Devi, the present appellant. The dispute between the parties is in regard to a flat in a building on Lord Sinha Road, Calcutta. The plaintiff prayed for a decree for Rs. 1,44,730/- as past mesne profits besides future mesne profits at the rate of Rs. 170/- per day and for "if necessary, decree as against the third respondent for possession of the flat" described in the plaint. By way of an alternative relief to the money claimed, an inquiry for determination of the mense profits was asked for. None of the defendants appeared. At the ex parte trial the plaintiff examined one witness and tendered certain documents in evidence. The learned single Judge decreed the suit and the defendant No. 3 (present respondent No. 1) filed an appeal therefrom which was allowed on 10-7-1985* by the judgment which is under challenge in Civil Appeal No. 4146 of 1986. The plaintiff thereafter filed an application with a prayer to modify the judgment and remand the suit for retrial. The prayer Was rejected by t