(1.) THIS application is at the instance of the defendant no.1(ka) and is directed against the order no.174 dated March 3, 2009 passed by the learned Judge (Junior Division), Second Court, Bolpur, District - Birbhum in Title Suit No.38 of 1989 thereby rejecting the petition dated February 19, 2009 filed by him.
(2.) THE short fact is that in an appeal arising out of the said title suit, the petitioner/appellant filed a petition under Order 41 Rule 27 of the C.P.C. in the said title appeal being Title Appeal No.17 of 1998. That application was filed for marking a certain Deed of Sale dated April 25, 1999 as exhibit. That application under Order 41 Rule 27 of the C.P.C. was rejected, but, the suit was remanded back directing the parties to adduce evidence. THEreafter, the petitioner filed the said petition dated February 19, 2009 for marking the Deed of Sale as exhibit, which was rejected by the impugned order. Being aggrieved, this application has been filed.
(3.) THE petition dated February 19, 2009 filed by the defendant no.1(ka) stands allowed. THE learned Trial Judge shall proceed with the suit from that stage and he shall dispose of the suit within two months from the date of communication of this order. Considering the circumstances, there will be no order as to costs.