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1997 Supreme(Gau) 51

J.N.SARMA
Chittaranjan Das – Appellant
Versus
Pran Ballabh Das – Respondent


Advocates Appeared:
N.Chakraborty, B.M.Sharma, B.K.Goswami, A.C.Sharma

This revision has been filed by defendant No. 1. The two plaintiffs brought a suit against the two defendants, namely one Surendra Lal Das and other Chittaranjan Das for ejectment of the defendants from the suit house situated on the land as described in the Schedule of the plaint. It may be stated herein that Surendra Lal Das, defendant No. 1 is the father of plaintiff No. 1. This suit was filed in the year 1981 and this suit has not reached even the stage of hearing because the parties filed one revision after another.

2. Earlier there was a civil revision before this Court being Civil Revision No.111 of 1983 and it was dismissed for default on 22.12.89. The defendant No.1 Surendra Lal Das died while the civil revision was pending before this Court. It may be mentioned herein that Surendra Lal Das though appeared in the suit did not file any written statement and did not contest the suit. Even he did not appear in the revision as mentioned earlier and did not contest the same. Thereafter, when the matter sent back to the trial Court, before the trial Court an application was filed on 20.5.91 under Order 22 Rule 4 (4) read with section 151 of the Civil Procedure Code to grant exemp



















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