P K CHAKRAVARTY Vs. DEBIKA BANERJEE

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 3.1.2011. Today, it is effective item No.4 on the Regular Board. It is 2.30 P.M. No one appears for the appellant. I have therefore gone through the record and have heard the counsel for the respondent and am proceeding to dispose of the appeal.

(2.) THE challenge by means of the present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment and decree dated 23.2.2001 whereby the suit for declaration and injunction filed by the appellant/plaintiff was dismissed.

(3.) THE trial Court has rightly analysed the relevant issues in this case in para 5 of the impugned judgment and which reads as under:-