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2008 Supreme(Cal) 369

PRABUDDHA SANKAR BANERJEE
Probir Kumar Burman – Appellant
Versus
Kashi Nath Das – Respondent


Advocates Appeared:
For the Appearing Parties:Amal Kumar Saha, Dinabandhu Chowdhury, Jiban Ratan Chatterjee, Sanjoy Bhattacharyya, Subrata Kumar Roy Karmakar, Advocates.

Judgment :-

(1) THESE applications under section 5 of the Limitation Act were in connection with Review Case No. 2374 of 2007 along with Review case No. 2375 of 2007.

(2) IT is to be mentioned here that the said review applications were filed for reviewing the common order passed by this Court on 12,8,2007 in connection with C. O. No. 280 of 2006 which was taken up along with C,0, no. 281 of 2006.

(3) THE fact leading to filing of the said review application may be summed up thus.

(4) THAT the present opposite party filed one suit for eviction and for khas possession of the properties mentioned in the schedule of the plaint of T,s, no. 226 of 2006 which was filed before the learned Civil Judge, Junior division, First Court, Chandernagar.

(5) THE said suit was decreed ex parte on 7th March, 2001 after the learned trial Judge was satisfied regarding service of summons/notice upon the defendant.

(6) ON 2nd May, 2003 the defendant filed one application under Order 9 rule 13 CPC read with section 151 of CPC which was numbered as Misc. Case No. 21 of 2003 for setting aside the ex parte order.

(7) AS the said application under Order 9 Rule 13 read with section 151 of CPC could not be






















































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