(1.) CHALLENGE is to the order no.119 dated November 21, 2009 passed by the learned Civil Jude (Junior Division), Baruipur in Title Suit No.101 of 1994 thereby rejecting an application under Section 151 of the C.P.C. filed by the defendant nos.2(a) to 2(h).
(2.) THE plaintiffs / opposite parties herein instituted a suit being Title Suit No.101 of 1994 against the predecessor-ininterest of the petitioners and other defendants for partition and other reliefs. In that suit, the defendant no.2 entered an appearance and he filed a written statement denying the material allegations made in the plaint. Thus, he was contesting the said suit. THE said suit was decreed in the preliminary form on January 20, 1997 declaring 1/4th share to each of the parties. In the mean time, the defendant no.2 died and his heirs and the proforma opposite party no.5 have been substituted. In that suit, the share of the defendant nos. 2(a) to 2(h) has been declared.
(3.) THE learned Trial Judge has observed in the impugned order that since a preliminary decree had been passed declaring the shares of the parties, there is no scope of reopening the matter again. But the law is otherwise. THEre is no bar to pass a fresh decree instead of the original decree in the title suit. If necessary, there is no bar to pass more than one preliminary decree in the suit.