- (1.) The challenge is made to the order no. 20 dated March 28, 2016 passed by the learned Civil Judge (Junior Division), Barrakpore, 24-Parganas (North) in Title Suit No. 104 of 2013, by which an application for installation of an electric meter to cater the supply on the suit premises is rejected.
(2.) The record would reveal that an identical application was filed on an earlier occasion, which was taken up for hearing on 25th March, 2015. Admittedly the petitioner did not appear on the said date to press the said application. The Trial Court proceeded to dismiss the said application on the basis of the submissions advanced by the plaintiffs/opposite parties.
(3.) At the very outset this Court must record that the approach of the Trial Court in deciding the matter on merits in absence of the petitioner is impermissible or not legally sustainable. If the petitioner was not found present to press the said application, at best the Court can dismiss the same for default and should not venture to decide the same on merit.;