For the Petitioner : Mr. Md. Farhaduddin Ms. Shamama Nasrin Mr. Shabbir Yazdani For the opposite party : Mr. Kamesh Jha Ms. Srabani Biswas Heard on : 01/07/2025 Judgment on : 01/07/2025 Hiranmay Bhattacharyya , J. :

1. This application under Article 227 of the Constitution of India is at the instance of the applicant under Order 9 Rule 13 of the Code of Civil Procedure and is directed against an order dated May 16, 2025 passed by the learned Judge, 5^th Bench, City Civil Court at Calcutta in Miscellaneous Appeal No.7 of 2024.

2. The opposite party herein filed a suit for eviction against one Shivalik Mistri and Arvind Mistri. The said suit was decreed ex parte by a judgment and decree dated September 22, 2022.

3. The petitioner herein filed an application under Order 9 Rule 13 of the Code of Civil Procedure praying for setting aside the ex parte decree on the ground that after the death of his father, namely, Shivalik Mistri, the petitioner was neither substituted in the suit nor any intimation about the pendency of the suit was given to him. The said application was registered as Miscellaneous Case No.21 of 2023.

4. The learned trial judge by an order dated January 29, 2024 dismissed t