- (1.) This revisional application is directed against Order No. 51 dated 25.2.2009 passed by the learned Civil Judge, (Senior Division), Diamond Harbour in Misc. Case No. 7 of 2008 by which an application under Order 9 Rule 13 of the Code of Civil Procedure was allowed. The petitioner filed a money suit against the defendant/opposite party. The defendant/opposite party entered appearance through the learned Additional Government Pleader and took time to file the written statement. Subsequently no step was taken for and on behalf of the defendant/opposite party resulting thereby that the said suit was decreed ex parte. From the record it appears that an application under section 47 of the Code was filed by the defendant/opposite party which was ultimately dismissed by the executing Court. Thereafter the defendant/opposite party filed an application under Order 9 Rule 13 of the Code together with an application under section 5 of the Limitation Act seeking condonation of delay in preferring the said application which was registered as Misc. Case No. 7 of 2008.
(2.) In the said application it is stated by the defendant/opposite party that the learned Additional Government Pleader handed over the draft copy of the written statement but the same was not in conformity with the instruction of the then officer. It is further stated that the said Additional Government Pleader did not thereafter take any steps as a result whereof the suit was decreed ex parte. An assistant engineer of Jainagar Education Department deposed as PW 1 in support of the above statement.
(3.) According to the petitioner there is a gross negligence and laches on the part of the state department and the ground set forth in an application for condonation of delay is moonshine and is not tenable.;