BISWANATH OJHA AND ORS. Vs. RAJIB SHAH

JUDGEMENT

(1.) HEARD Mr. AK Gupta, the learned counsel appearing for the petitioners whose predecessor Smti. Meena Ojha was the defendant/tenant, in the Title Suit No. 25/2002. Also heard Mr. S. Murarka, the learned counsel appearing for the respondent/plaintiff.

(2.) THE respondent filed the suit for ejectment and arrear rent in respect of the shop room at the Old Fish Market Road, Daily Bazar, Tinsukia and the learned Civil Judge (Jr. Division) No. 1, Tinsukia on 24.7.2002 noted that the registered notice send to the defendant was refused and the service of summon was made on the defendant by hanging the notice at her residence. Accordingly on 12.8.2002, the Court directed the case to proceed ex -parte and eventually on 23.9.2002, the decree of ejectment on the ground of rent default since January, 1982 was granted by the Trial Court.

(3.) FOR the purpose of considering the Misc. (J) Case No. 15/2003, registered on the defendant's application, the learned Trial Judge examined the Court's process server Naren Kalita and also the Postal Peon Indra Kanta Kachari who were entrusted to serve notice on the defendant. The Court found that the process server served the notice by affixing the same in the defendant's residence and this was witnessed by two witnesses namely Tarun Bhattacharya and S.K. Ray. But as the notice was reportedly hung up on 9.8.2002 and the witnesses signed the said notice giving the signature date as 10.8.2002, the Court observed the discrepancy on the dates and accordingly concluded that the Court's summons (Exhbt.'C') may not have been served on the defendant, through due process.