ATAB ALI MOLLA Vs. ARJINA BIBI

JUDGEMENT

(1.) This revisional application under section 115 of the Code of Civil Procedure is at the instance of defendants in a suit for the partition and is directed against order dated December 22. 1997 passed by the learned Additional District Judge, 6th Court, Alipore in Misc. Appeal No. 192 of 1994 thereby affirming order No. 167 dated April 21, 1994 passed by the learned Assistant District Judge, 7th Court, Alipore in Misc. Case No. 6 of 1992.

(2.) The opposite parties filed a suit for partition being Title Suit No. 72 of 1978 in the learned Assistant District Judge, Alipore. The said suit was dismissed on contest.

(3.) Being dissatisfied, the opposite parties preferred an appeal being Title Appeal No. 535 of 1987 which was ultimately heard by the learned Additional District Judge, 10th Court, Alipore and the learned first Appellate Court below by its order dated February 13. 1990 set aside the judgement and decree passed by the learned trial Judge and remanded the matter back to the learned trial Court for fresh decision.