Mir Dara Sheko, J. - (1.) Heard Mr Banerjee representing the petitioners who have filed the application under Article 227 of the Constitution assailing Order No.90 dated December 15, 2015 passed by learned Civil Judge (Sr. Division) at Rampurhat, Birbhum in Misc. Case No.14 of 2011 in connection with Title Suit No.83 of 2009.
(2.) Mr Banerjee submitted that when the argument of the misc. case was heard in one day and it was posted for passing order on another day, then without passing final order the impugned order ought not to have been passed by dismissing the misc. case for default.
(3.) Perused the materials on record and the order impugned. It appears that by Order No.90 dated December 15, 2015 learned trial court since on the date of hearing of argument did not find either of the parties present, that too without any step and either of the counsels representing the parties having not moved before the court observed, "The petitioner is less interested to proceed with the misc. case. Accordingly it is ordered that the Misc. Case being no.14/11 is dismissed for default.";