M.R. Mallick, J.

1. THIS revision petition under Section 115, Civil Procedure Code, is directed against the order dated January 8, 1990, passed by the Additional District Judge, 8th Court, Alipore, in Miscellaneous Appeal No. 421 of 1988 arising out of Miscellaneous Case No. 44 of 1985 disposed of by the Assistant District Judge, 4th Court, Alipore. Facts may be briefly stated as follows :

2. THE present petitioner as plaintiff filed T. S. No. 13 of 1985 in the Court of the Subordinate Judge, 4th Court, Alipore, for eviction of the opposite party tenant on the ground of reasonable requirement and also on the ground of damaging a portion of the premises in suit. Summons was sought to be served upon the present opposite party both through the bailiff as well as by registered post. As the summons of the suit was sent under registered post to the address of the tenanted premises and as the envelope came with the endorsement "refused" and as the opposite party did not appear to contest the suit, the present petitioner obtained an ex parte decree from the learned trial judge on June 3, 1985. In execution of such decree, the petitioner obtained delivery of possession of the suit p