SABYASACHI BHATTACHARYYA,J. - (1.) The affidavit-of-service filed in Court today be taken on record.
(2.) The matter is taken up for hearing on consent of the appearing parties.
(3.) The short facts of the case are as follows: The opposite party no. 1 instituted a suit for eviction against the petitioner. The said suit being dismissed for default, the opposite party no. 1 took out an application under Order 9, Rule 9 of the Code of Civil Procedure for restoration of the suit, accompanied by an application under Section 5 of the Limitation Act for condonation of delay in filing the restoration application.;