Biswajit Basu, J. - (1.) The revisional application under Article 227 of the Constitution of India is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against the Order No. 28 dated December 17, 2018 passed by the learned Judge, Small Causes Court, Sealdah, in Misc. Case No. 47 of 2015 arising out of Title Suit No. 20 of 2015.
(2.) The learned Trial Judge by the order impugned has allowed an application filed by the plaintiff/opposite party no. 1 under Order 9 Rule 9 of the Code of Civil Procedure, registered as Misc. Case No. 47 of 2015 for restoration of the said Title Suit No. 20 of 2015 dismissed for default on August 31, 2015.
(3.) Mr. Sudip Deb, learned advocate appearing on behalf of the petitioners submits that the petitioners are challenging the order impugned firstly on the ground that the plaintiff in the application under Order 9 Rule 9 of the Code has claimed that on November 30, 2015 he came to learn from the whisper in the locality that the defendants are about to get a decree in their counterclaim and thereafter on enquiry got the information of the dismissal of the said suit but the plaintiff has not substantiated his such claim by any evidence. Secondly the learned Trial Judge is hearing the suit filed by the plaintiff/opposite party no. 1 against the petitioners for eviction analogously with the Title Suit No. 20 of 2015 and the application filed by the petitioners in the said eviction suit under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 was allowed by the learned Trial Judge vide order no. 133 dated July 4, 2015 on contest. Therefore, the plaintiff cannot allege that he was not aware of the fact of the transfer of the records of the Title Suit No. 20 of 2015 from the Court of learned Civil Judge (Senior Division), Sealdah, to the Small Causes Court, Sealdah.;