SHIVAKANT PRASAD,J. - (1.) The instant second appeal is directed against the judgment and decree dated 6th March, 2010 passed by the Civil Judge (Senior Division), 8th Court, Alipore, District : 24 Parganas (South) in Title Appeal No. 67 of 2006 affirming the judgment and decree dated 30th January, 2006 passed by the learned Additional Civil Judge (Junior Division), Alipore in Title Suit No. 28 of 1997.
(2.) The plaintiff appellant has impugned the judgment and decree dated 6th March, 2010 passed by the learned Civil Judge (Senior Division), 8th Court, Alipore whereby he affirmed the judgment and decree dated 30th January, 2006 passed by the learned Additional Civil Judge (Junior Division), Alipore in Title Suit No. 28 of 1997. This Court is called upon to consider the substantial question of law on the score as to whether the learned Courts below committed substantial errors of law in dismissing the suit on the ground that without formal amendment the ground of reasonable requirement pleaded in the original plaint has not been established by totally overlooking the contents of the original plaint wherein the original plaintiff pleaded reasonable requirement for the substituted plaintiff.
(3.) This second appeal is being heard now ex parte because of the fact that in spite of the notice issued to the respondent defendant and in spite of the compliance order of this Court for paper publication and the paper publication having been made on behalf of the appellant, none has appeared on behalf of the respondent.;