SRI BIMAL CHANDRA MONDAL Vs. SRI PANCHANAN MONDAL

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the Order No.51 dated March 22, 2006 passed by the learned Civil Judge (Junior Division), 1st Court, Barasat in Title Suit No. 298 of 1996 thereby rejecting an application under Section 151 of the C.P.C. filed by the plaintiff.

(2.) THE plaintiff / petitioner herein instituted a suit being Title Suit No.298 of 1996 against the defendants / opposite parties for a decree of declaration that the plaintiff has right, title and interest in the suit property as described in the schedule to the plaint and the entries in the record of right are wrong and not binding upon him. THE defendants were contesting the said suit denying the material allegations raised in the plaint. On July 31, 2002, the record was put up at the instance of the plaintiff and an application wad filed for dismissal of the suit for non-prosecution. That application was considered by the learned Trial Judge and the suit was dismissed for non-prosecution on July 31, 2002. THEreafter, the petitioner filed an application under Order 9 Rule 9 of the C.P.C. for setting aside that order and the matter continued up to April 3, 2004, when the petitioner filed the instant application under Section 151 of the C.P.C. for setting aside the order dated July 31, 2002. That application was rejected by the impugned order. Being aggrieved, this application has been preferred by the plaintiff.

(3.) BUT, the application for dismissal of the suit for nonprosecution was filed on the ground that the matter was settled amicably. The petitioner was, therefore, required to prove that fraud, undue influence etc. were practised upon him.