MEENAKSHI MANNA Vs. SURITI MANNA

JUDGEMENT

(1.) This revision is directed against an order dtd. 31/7/2019 passed by the Trial Judge rejecting an application purporting to be under Order XV Rule 1 of the Civil Procedure Code, 1908 [the Code]. The order emanates from a suit for possession, recovery of mesne profit for use and occupation as instituted by the plaintiff petitioner against the respondents. From the record, it transpires that after the filling of a written statement, the petitioners filed an application under Order XII Rule 6 of the Code. That application came to be dismissed by the Trial Judge by an order of 4/7/2019. Although the aforesaid order was initially assailed by filling a revision petition before this Court, the same was ultimately dismissed as withdrawn.

(2.) It becomes pertinent to note that while dismissing the application under Order XII Rule 6 of the Code, the Trial Judge found that the execution of the relinquishment deed was questioned by the defendants. It was further noted that the validity of the Will dtd. 26/10/1994 which was an unregistered instrument was also assailed. Based on the aforesaid facts, the Trial Judge came to conclude that a reading of the written statement failed to establish an unambiguous or clear admission having been made by the defendant respondent warranting a judgment on admission being rendered. Post the dismissal of the aforesaid application, the petitioner filed yet another application, this time styling it to be under Order XV Rule 1 of the Code.

(3.) The Trial Judge while dismissing the aforesaid application has made the following observations:-