Narayan Chandra Sil, J. - (1.) This is to consider an application filed by the defendant with a prayer to recall the ex parte judgment passed by me on 16th June, 2004 in C.S. No. 83 of 1997 and also to recall the order dated 13th May, 2004 along with other prayers.
(2.) It is stated in the petition that one Mr. Sabyasachi Ghosh was the erstwhile Advocate-on-Record for the defendants in connection with the suit. Subsequently there was a change over and the instant application under Order 9, Rule 13 of the Civil Procedure Code has been filed through M/s. Sinha and Company, Advocates after obtaining change over from Mr. Ghosh. During the period in question when the suit was decreed ex parte all papers/documents/pleadings and records were in custody of Mr. Ghosh. It is claimed that despite repeated requests and reminders the petitioners became unable to obtain many of those papers from Mr. Ghosh.
(3.) It is claimed that the petitioner No. 1 had filed a Title Suit being No. 3447 of 1996 in the Court of learned Judge, Second Bench, City Civil Court, Calcutta with various prayers and C.S. No. 83 of 1993 was filed before this Court. It appears further from that petition that in the suit filed by the petitioner No. 1 before City Civil Court the petitioner prayed for a declaration that the plaintiff is a tenant in respect of Flat No. 1 C of Saket Building being Premises No. 2 Hochimin Sarani, P.S. Park Street, Calcutta and also for a declaration that the defendant has no authority to evict the plaintiff by force along with other prayers. But, in the subsequent suit of 1997 filed by the opposite party it is prayed for declaration that' the defendants are trespassers in terms of agreement dated October 20, 1993 in respect of the Flat No. 1C in the first floor of Saket Building along with other prayers. It is claimed further that the issues in both the suits are interconnected with each other and the matters in issue in both the suits are materially and substantially the sale, relating to the same property. It is also stated that thereafter Mr. Pinaki Chandra Ghosh J. was pleased to transfer T.S. No. 3447 of 1996 to this Court and direct both the suits be heard analogously.;