JETAGE CONSTRUCTION PVT LTD Vs. ABDUL KHALIQUE AND SONS RESTAURANT
LAWS(CAL)-2015-3-98
HIGH COURT OF CALCUTTA
Decided on March 25,2015

Jetage Construction Pvt Ltd Appellant
VERSUS
Abdul Khalique And Sons Restaurant Respondents

JUDGEMENT

- (1.) All the three revisional applications are filed at the instance of the defendant Nos. 1 to 4 challenging the order by which the Court fixed the suit at ex parte board upon refusal to permit them to file the written-statement in the suit. The plaintiffs/opposite parties filed the aforesaid suits for declaration of their tenancy right in respect of the suit premises against the opposite parties treating them to be the landlords. Applications for temporary injunction were taken out in the said suits wherein the Court passed an ex parte ad interim order of injunction. The service was effected under Order 39 Rule 3 of the Code of Civil Procedure upon the petitioners herein who entered appearance in the said application and took step to contest the said application.
(2.) The entire order-sheets are annexed to this revisional application wherefrom it does not reveal that any attempt on the part of the petitioners were made which may tantamount to taking step to contest the suit.
(3.) Order 8 Rule 1 of the Code of Civil Procedure postulates the time limit within which the defendant should deliver his defence by filing written-statement. The limitation shall reckon from the date of service of summons.;


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