SUKUMAR SARKAR & ANR Vs. PRITHIS RANJAN SARKAR

JUDGEMENT

(1.) This revisional application, at the instance of the preemptees in a pre-emption proceeding is directed against the order dated May 31, 2013 passed by the learned Additional District & Sessions Judge, 2nd Court, Raiganj, Uttar Dinajpur in Misc. Appeal No. 06 of 2011. By the impugned order, the learned appellate Court below rejected the petitioners' appeal against the order dated November 23, 2011 passed by the learned Civil Judge (Junior Division), Raiganj, Uttar Dinajpur, thereby rejecting their application under Order IX Rule 13 of the Code of Civil Procedure, 1908 (in short "the Code") for recalling of the ex parte order dated February 10, 2010 allowing the pre-emption case filed by the opposite party.

(2.) The opposite party in this revisional application filed an application, being Misc. Case No. 92 / 2005, under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as " the pre-emption application") before the learned trial Judge praying for, an order to pre-empt the purchase of the land described in the said application, by the petitioners through a registered deed of conveyance. The petitioners, as the pre-emptees were contesting the pre-emption application.

(3.) The hearing of the pre-emption application was adjourned by the learned trial Judge on various dates. By an order dated February 10, 2010 the learned trial Judge held that the case stands fixed for ex parte hearing and on the same date took up the pre-emption application for hearing. By an ex parte order dated February 10, 2010 the learned trial Judge allowed the pre-emption application and directed that the right, title and interest of the present revisional petitioners do vest in favour of the present opposite party. The present petitioners, the pre-emptees filed an application before the learned trial Judge, under Order IX Rule 13 of the Code, for recalling of the ex parte order dated February 10, 2010. Since, there was delay in filing the said application under Order IX Rule 13 of the Code, the present petitioners also filed an application before the learned trial Judge for condonation of delay. By order dated November 23, 2010 the learned trial Judge did not allow the petitioners' prayer for condonation of delay and rejected the said application under Order IX Rule 13 of the Code. Feeling aggrieved by the said order dated November 23, 2010 the present petitioners carried the same in appeal, being Misc. Appeal No. 06 of 2011 before the learned appellate Court below.