JUDGMENT :

(Siddhartha Roy Chowdhury, J.) :

1. This application challenges the order dated 21st July, 2007, passed by learned Additional District Judge, Barrackpore, in Misc. Appeal No. 56 of 2007, affirming the Order No. 48 passed by learned Trial Court in Title Suit No. 177 of 1998.

2. Briefly stated, the petitioner is a premises tenant under the opposite party in respect of a shop room at premises no. 53/50 Kali Charan Ghosh Road at a monthly rental of Rs. 140/-payable according to English Calendar month. The opposite party landlord filed a suit for his eviction. It is alleged that summon was not served upon the petitioner. Being informed by one of his well-wishers, the petitioner came to know about the proceeding. He engaged an Advocate and after obtaining information slip that the suit was decreed on 7th November 2000. The petitioner filed an application under Order IX Rule 13 of the Code of Civil Procedure which was dismissed by learned Trial Court, overlooking the fact that no summon was served upon the petitioner. Feeling aggrieved by the order of learned Trial Court the petitioner preferred an appeal before the learned Additional District Judge, which was registered as Mis