- (1.) THIS revisional application at the instance of the Defendant No. 23 was directed against the Order dated January 30, 2014 whereby the learned Civil Judge (Senior Division) 7th Court at Alipore dismissed an application under Section 151 of the Code of Civil Procedure, 1908 filed by the Defendant No. 23 on April 10, 2013. By such application the Defendant No. 23 sought recalling of the Order dated March 13, 2012.
(2.) A suit for declaration and injunction was instituted on June 6, 2011 before the learned Civil Judge (Senior Division) 7th Court at Alipore. The plaintiff applied for ex parte ad -interim order which was refused. The plaintiff preferred an appeal therefrom. On appeal, the learned District Judge passed an interim order of injunction on June 14, 2011. This order was challenged by the Defendant No. 23 under Article 227 of the Constitution of India which was registered as C.O. No. 2551 of 2011. On revision the order of injunction was set aside. The learned District Judge was directed to dispose of the appeal at an early date. The learned District Judge on hearing the appeal dismissed the same on September 20, 2011. The plaintiff challenged the order of dismissal of appeal before this Hon'ble Court under Article 227 of the Constitution of India which was registered as C.O. No. 3526 of 2011. The same was dismissed. The plaintiff preferred special leave petition. The Hon'ble Supreme Court of India was pleased to dispose of the special leave petition by directing the learned Civil Judge (Senior Division) 7th Court at Alipore to hear and dispose of plaintiff's interlocutory application. The defendants were granted liberty to file written statement within 2 months from the date of communication of the order to enable the learned Civil Judge to frame issues and, thereafter to proceed for recording of the evidence.
(3.) THE learned Civil Judge (Senior Division) 7th Court at Alipore passed an order of injunction on March 13, 2012. The Defendant No. 23 on becoming aware of such injunction made an application under Section 151 of the Code of Civil Procedure, 1908. Such application was contested. Such application was disposed of by the impugned Order dated January 30, 2014 by refusing to recall the Order dated March 13, 2012. The petitioner contended that, when the learned Judge was refusing to pass ex parte ad -interim order of injunction on June 6, 2011, he required the plaintiffs to put in requisition. The next date was September 2, 2011. The injunction petition according to the petitioner was posted on April 16, 2012. Till that date the petitioner was not served the copy of the injunction petition. The next entry on the order sheet was the Order dated January 3, 2012 which took note of the Order dated December 9, 2011 of the Hon'ble Supreme Court of India. In view of such order the learned Court was pleased to prepone the date from April 16, 2012 to January 13, 2012.;