HARISH TANDON,J. - (1.) The present revisional application has been filed by the defendant/judgment debtor/petitioner challenging an order dated 23rd November 2017 passed by the learned Civil Judge (Senior Division), Small Causes Court, Sealdah in Miscellaneous Appeal No. 1 of 2017 affirming an order dated 26th April 2017 passed by the learned Civil Judge (Junior Division), 1st Court, Sealdah in Miscellaneous Case No. 70 of 2011.
(2.) It is not in dispute that a suit for eviction was filed by the plaintiffs/opposite parties against the petitioner, inter alia, on the ground of default and reasonable requirement. It is also not in dispute that after receiving the summons the petitioner appeared in the said suit through Mr. Kripanath Chakraborty, learned advocate, who filed Vakalatnama. Subsequently, no steps were taken by the petitioner, which resulted into an ex parte decree passed by the trial court.
(3.) An application under Order IX Rule 13 of the Code of Civil Procedure, which gave rise to registration of Miscellaneous Case No. 70 of 2011, was filed along with an application for condonation of delay. The trial court dismissed the said application thereby refusing to condone the delay. As a resultant effect, the said miscellaneous case was also dismissed. The petitioner preferred an appeal before the appellate court, which stood dismissed affirming the order of the trial court.;