Basudev Panigrahi, J. - (1.) This Revisional Application is directed against the order dated 7th January, 1995 passed by the learned Assistant District Judge, Sealdah affirming the order dated 30th March, 1995. Whereby, and whereunder the learned Munsif (First Court) Sealdah dismissed an application in Misc. Case No. 14 of 1991 ander Order 9 Rule 13 of the Code of Civil Procedure
(2.) Essential facts emerging from the very Revisional Application are as follows: That the petitioner has claimed to be a monthly tenant under the opposite party at a rental of Rs 40/- only payable according to English Calender Month in respect of one room in the ground floor at premises No. 46A, Lock Gate Road, Calcutta - 2 and he had been regularly paying to his landlord but on refusal by the later, the petitioner started depositing rent month by month in the Office of the Rent Controller, Calcutta.
(3.) The Opposite Party - Landlord surreptitiously and mischievously filed the suit for eviction against the petitioner in the Court of the First Munsif. Sealdah in Title Suit 58 of 1990 and no notice or summons was served upon the petitioner while obtaining ex parte decree which was disposed of on 12th December, 1990. Petitioner after having come to know about such ex parte decree in the Title Execution No. 22 of 1991, has filed this application under Order 9 Rule 13, C. P. C. on the ground of suppression of Summons.;