NITAI SAHA Vs. CHHAYA SAHA

JUDGEMENT

(1.) This application is at the instance of the defendants and is directed against the order no.21 dated April 29, 2008 passed by the learned Civil Judge (Senior Division), Kandi, Murshidabad in Title Appeal No.2 of 2005 thereby rejecting an application under Order 47 read with Section 114 of the C.P.C. filed by the defendants.

(2.) The short fact is that the predecessor-in-interest of the opposite parties herein, namely, Sabitri Saha, instituted the Title Suit No.83 of 1993 against the present petitioners for 2 declaration and permanent injunction. That suit was dismissed on contest. Being aggrieved, the opposite parties preferred an appeal being Title Appeal No.2 of 2005 and that appeal was allowed by the judgment and decree dated November 15, 2007 declaring the right, title and interest of the opposite parties in the suit property. The petitioners were restrained permanently from interfering with the plaintiff's portion over the suit property.

(3.) Thereafter, the petitioners preferred a review application on December 7, 2007 stating, inter alia, that the predecessor-ininterest of the opposite parties had no title to the suit property. Previously, the predecessor-in-interest of the plaintiff had no right to transfer the suit number in favour of the opposite parties as the petitioners obtained a decree in Title Suit No.26 of 1993 against the predecessor-in-interest of the opposite parties, namely, Sabitri Saha. The opposite party preferred an appeal no.43 of 2001 against the said judgment and decree in Title Suit No.26 of 1993 and the appeal was dismissed on contest. So, by suppressing the material facts, the opposite parties got the judgment and decree by the learned appellate court. Under such circumstances, the petitioners filed an application under Order 47 read with Sections 114 & 151 of the C.P.C. and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.