JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved by and dissatisfied with the order dated August 30, 2018, September 05, 2018, September 29, 2018 and October 03, 2018 passed in the J. Misc. Case No. 06 of 1995 pending before the learned Civil Judge (Junior Division) Bishnupur, present revisional application has been preferred by the Order No. 103 dated October 10, 2018 the learned Trial Court was pleased to accept the written objection filed by the opposite parties of the J. Misc. Case. No. 06 of 1995.

2. The background of the case in a nutshell is that, the petitioner Shanti Prasad Dey filed an application under Order VIII of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as “the said Act of 1955” in short) being J. Misc. Case No. 6 of 1995 against the opposite parties Aloke Kumar Pal and Tilak Kumar Pal praying for pre-emption in respect of the suit property. On 13th September 1996 the opposite parties entered appearance in a said proceeding but ultimately they did not contest and as such pre- emption application under Section 8 of the said Act of 1955 was allowed ex-parte.

3. Subsequently the opposite party filed an application under Order 9 Rule 13 of the Code of Civil Procedure praying for setting aside the ex-parte order dated 6th October 2001 but the learned Civil Judge (Junior Division) at Bishnupur by its order dated 24th June 2011 rejected the application under Section 5 of the Limitation Act and also an application under Order 9 Rule 13 on contest. Being aggrieved by that order dated 24th June, 2011 the opposite parties preferred misc. appeal being Misc. Appeal No. 03 of 2012 before the learned District Judge Bankura. By his judgment and order dated 19th March, 2015, learned District Judge, Bankura allowed the aforesaid Misc. Appeal. No. 03 of 2012 with costs of Rs. 10,000/-(Rupees Ten Thousand) and the learned District Judge was further pleased to direct the opposite parties to file written statement/objection within 30 days from the date of receipt of the order passed by the learned Trial Court and to dispose of the matter within six months from the receipt of order without granting any adjournment.

4. On April 20, 2015 the learned Civil Judge (Junior Division) at Bishnupur received the aforesaid judgment dated 19th March, 2015 passed in Misc. Appeal No. 03 of 2012 and the same was shown to the learned Advocate for both the parties. Despite a specific direction made by the learned District Judge in Misc. Appeal No. 03 of 2012 which was also shown to the learned advocate for both the parties, the opposite parties did not file their written statement/objection within 30 days from April 20, 2015. Since the opposite party did not file their written statement within the stipulated time framed by learned District Judge as above, the learned Civil Judge (Junior Division) Bishnupur was pleased to reject the prayer made by the opposite party for filing written statement which was filed only on 4th May, 2017, but surprisingly on December 08, 2017 when the opposite parties filed written statement/objection to the application under Section 8 of the said Act of 1955 the learned Judge of the Trial Court has accepted the same.

5. On December 05, 2018 the petitioner filed an application under Section 151 of the Code of Civil Procedure praying for recalling the said order whereby the learned Trial Court had accepted written statement/objection in spite of flouting the specific direction made in the judgment dated 19 March, 2015 passed by the learned District Judge. On 20th September, 2018 the opposite party filed an application for time to file objection to the aforesaid application under Section 151 of the Code of Civil Procedure and on September 29, 2018, the learned Judge allowed such prayer and fixed October 03, 2018 for filing objection by the opposite parties. On 3rd October 2018 the opposite parties not pressed the written statement/objection to the application under Section 8 of the said Act of 1955 filed