BIRUPAKKHA NAYEK Vs. UTTAR MAMUDPUR MAITRI SANGHA

JUDGEMENT

(1.) THIS application is at the instance of the plaintiffs and is directed against the Order Nos.30, 31 and 32 dated May 23, 2011, May 25, 2011 and June 15, 2011 respectively passed by the learned Civil Judge (Junior Division), 2nd Court, Basirhat in Title Suit No.75 of 2007 thereby dismissing an application under Order 1 Rule 8 of the C.P.C. and awarding costs.

(2.) THE plaintiffs / petitioners herein instituted a suit being Title Suit No.75 of 2007 against the opposite party praying for declaration of title, permanent injunction and other reliefs. THE defendant / opposite party herein is contesting the said suit by filing a written statement contending, inter alia, that the suit is not maintainable, it suffers from defect of parties and is barred under the provisions of Order 1 Rule 8 of the C.P.C. THE defendant has also denied the material allegations contained in the plaint. Both the parties have adduced evidence in support of their contentions and the suit was at the stage of hearing argument over the suit. At that stage, only the plaintiffs filed an application under Order 1 Rule 8 which was rejected by the impugned order with costs. Being aggrieved, this application has been preferred.

(3.) THEREAFTER, on June 15, 2011 the plaintiffs filed another application for adjournment stating that they would move the Honble Court against the order dated May 23, 2011 and the prayer was adjourned at last chance with cost of Rs.300/-. Being aggrieved by such orders, this application has been preferred by the plaintiffs.