JUDGMENT

The petitioners before this Court are the defendants in the Learned Court below and is aggrieved by the order dated 21-11- 2019 passed by Civil Judge (Senior Division) 1st Court Malda in P.S. 284/2015.

The case of the petitioners may be summed up thus;

1. The plaintiff/opposite party filed partition suit being P.S. No- 284 of 2015 in the 1st Court of Civil Judge Senior Division Malda which is bad for non-joinder of the necessary parties and defective for non-inclusion of all the properties of the predecessor-in interest of the parties.

2. The Petitioner/Defendant no-1 is working as a daily rated labour. The petitioner/defendant no-1 had to go outside to the State and to the different States of India for earning the livelihood of himself and for his family. In the circumstances the wife of the petitioner has received the summon without understanding the purports, contents and consequences of the suit receipt. The service of the said summon was beyond the knowledge of the petitioner inasmuch as the petitioner being an uneducated person will not have understood the same, however in that case had he knowledge about the same he could take assistance of his Learned Lawyer.

3. That so