BIJITENDRA MOHAN MITRA
SK. SAIFUL NANDLAL – Appellant
Versus
SK. AKKAS ALI – Respondent
( 1 ) THE instant revisional application under Section 115 of the Code of Civil Procedure is taken up for contested hearing at the motion stage in presence of the Caveator being directed against order dated 21-12-1996 passed by the 3rd Court of Munsif at Srerampore in Title Execution Case No. 4 of 1996 on an application under Order 21, Rule 106 read with Section 151 of the Code of Civil Procedure. At the initial stage of the hearing of the instant application a preliminary objection was raised by the Opposite Party about the maintainability of the revisional application as, according to the contention of the Opposite Party, the same is open to appeal in terms of Order 43, Rule 1 (ja) of the Code of Civil Procedure. It has been contended that in terms of the provisions contained in Rule 106 of Order 21, if an order is made under sub-rule (2) of Rule 105 or the Opposite Party against whom an order is passed ex parte under sub-rule (3) of that Rule, one may apply to the Court to set aside the said order if the court is satisfied that there was sufficient cause for non appearance when the application was called on for hearing. It has also been brought to the
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