BENGAL PROJECTS (P) LTD. Vs. KRISHNA MAJUMDAR

JUDGEMENT

(1.) This application is directed against the Order No.42 dated Dec. 26, 2010 passed by the learned Civil Judge (Junior Division), 1st Court, Barasat in Title Suit No.288 of 2006 thereby rejecting a petition for analogous hearing of two suits.

(2.) The plaintiff / petitioner herein instituted a title suit being T.S. No.288 of 2006 subsequently renumbered as T.S. No.295 of 2009 before the learned Civil Judge (Junior Division), Barasat praying for declaration that the plaintiff has absolute right of possession and execution of development work over the suit property, permanent injunction, costs, etc. Subsequently, the petitioner filed another title suit being Title Suit No.52 of 2008 for specific performance of contract for development of real property, permanent injunction and other reliefs before the learned Civil Judge (Senior Division), 1 st Court, Barasat. Thereafter, the plaintiff filed an application for transfer of those two suits to one Court and accordingly, he moved an application under Sec. 24 of C.P.C. He also prayed for analogous trial of two suits by the same application. That application was disposed of directing that the earlier suit being T.S. No.288 of 2006, be transferred to the Court of the learned Civil Judge (Senior Division), 1 st Court, Barasat. The learned District Judge did not allow the prayer for analogous trial. Subsequently, the plaintiff filed another application for analogous trial of the two suits before the learned Civil Judge (Senior Division). That application was rejected on contest by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.