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I. P. MUKERJI, SUBHENDU SAMANTA
East Coast Ispat Private Limited – Appellant
Versus
Railway Supply Corporation Private Limited – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. The instant appeal has been preferred against the order dated May10th, 2022 passed by the learned 2nd Court of Civil Judge (Senior Division) at Alipore in Misc. case No. 28 of 2021 (East Coast Private Limited Versus Railway Supply Corporation Private limited).
2. The respondent herein had filed a suit before the learned court below being Title Suit No. 8305 of 2014 against the present appellant for eviction and recovery of Khas possession of the subject premises together with a decree for mesne profit and other reliefs.
3. The appellant/defendant contested the suit by filling a written statement where they categorically denied all allegations of the respondent/ plaintiff with some positive assertion that they have paid the rent according to the agreement and were not liable to be evicted.
4. During the continuation of the suit trial commenced and respondent/plaintiff has produced their witness on dock and has been successfully examined and cross-examined and discharged.
5. Since then the appellant/defendant took some adjournments for quite a considerable period of time and when the date was fixed for examination of defendant’s witness, the appellant/def
The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
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