SUNIL KUMAR MUKHERJEE Vs. KRISHNA KUMAR BHATTACHARYA

JUDGEMENT

(1.) THIS revisional application is directed against order dated 29/8/2005 passed by the learned Judge, 6th Bench, Presidency Small Causes Court at Calcutta in Misc. Case No. 31 of 2004, arising out of Ejectment Suit No. 174 of 2002. By the impugned order, the learned Judge allowed an application under Order IX Rule 4, Civil Procedure Code dated 30/1/2004 (hereafter the said application) filed by the plaintiff/opposite party (hereafter the plaintiff) and thereby, restored the ejectment suit to its original file and number.

(2.) PERUSAL of this application reveals that Ejectment Suit No. 529 of 1996 was instituted by the plaintiff against the petitioner (hereafter the defendant) seeking his eviction, in the City Civil Court at Calcutta. The defendant entered appearance and contested the suit by filing written statement. In due course of time, the suit was transferred to the learned Chief Judge, Presidency Small Causes Court at Calcutta by operation of law and was renumbered Ejectment Suit No. 174 of 2002. Ultimately, the learned Chief Judge transferred the suit to the learned Judge of the 6th Bench for disposal.

(3.) THE defendant opposed the said application filed by the plaintiff by filing written objection.