Arun Kumar Bhattacharya, J. - (1.) In this revisional application under Article 227 of the Constitution of India the petitioners have prayed for setting aside the order being No. 126 dated 17.05.2006 passed by the learned Judge, 2nd Bench of City Civil Court, Calcutta in T.S. 198/1991 imposing cost of Rs. 500/- on the petitioners.
(2.) The said suit is for eviction of tenant and mesne profit. On the death of the original defendant, his legal heirs and representatives numbering fifteen were substituted. Summons could be served upon the substituted O.P./defendants 6 to 12 who entered appearance, but summons could not be served upon the rest nine defendants. Out of the said nine defendants, the present two petitioners along with Manju Agarwal (substituted defendants 1(g), (h) and (i)) entered appearance on 17.05.2006 and by a petition prayed for a direction upon the plaintiffs to serve summons with copy of plaint, whereupon the learned Court below allowed the prayer on payment of cost of Rs. 500/-.
(3.) Mr. Dutta, learned counsel for the petitioners, submitted that the three substituted defendants entered appearance without summons being served upon them and prayed for supply of copy of the plaint and though there was no fault on their part, cost of Rs. 500/- was imposed upon them which is totally illegal. Mr. Viswas, learned counsel for the O.Ps., in his usual fairness, submitted that imposition of the said cost in the above facts and circumstances was not proper.;