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2024 Supreme(Cal) 459

PRASENJIT BISWAS
Rekha Dutta – Appellant
Versus
Dipak Kumar Roy (Since Deceased) Substituted by Aloke Kumar Roy – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Amajit De, Akanksa Mukherjee.
For the Respondents: Tanmoy Mukherjee, Sounak Bhattacharjee, Souvik Das, Rudranil Das, Saunak Mondal.

JUDGMENT :

PRASENJIT BISWAS, J.

1. These revision applications are directed against orders dated 09.12.2011 passed by the learned Civil Judge, Junior Division, Additional Court, Berhampore passed in Miscellaneous Cases No. 38 of 2010, 39 of 2010 and 40 of 2010 by which applications under Section 5 of the Limitation Act are rejected. Consequently, upon the rejection of the said applications praying for condonation of delay the petition filed under Order 9 Rule 13 of CPC with prayers for setting aside the ex-parte orders were also rejected.

2. The opposite parties filed Miscellaneous Cases being No. 24 of 1999, 23 of 1999 and 25 of 1999 under Sections 8 and 9 of the West Bengal Land Reforms Act with prayers for getting orders of preemption in respect of “Ka” Schedule property mentioned in the applications. Those cases were decreed ex-parte against the present petitioner. Thereafter, applications were taken out on behalf of this petitioner under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex-parte orders passed against them. As the said applications filed under Order 9 Rule 13 of CPC were filed beyond the statutory period of limitation applications under Sec

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