SAJEDA KHATOON Vs. SHAH ATA HOSSAIN

JUDGEMENT

(1.) The order allowing a petition filed under Order 2 Rule 2 read with Section 151 of the Code of Civil Procedure filed after conclusion of evidence and before argument was allowed by the learned Presiding Officer, Wakf Tribunal, West Bengal in Suit No.9 of 2009 is the subject-matter of challenge in this revisional application.

(2.) The principal issue raised in this revisional application is the jurisdiction of the Wakf Tribunal to allow an application under Order 2 Rule 2 read with Section 151 of the Code of Civil Procedure after conclusion of evidence and before argument.

(3.) In order to appreciate the aforesaid contention, the following provisions of the Code of Civil Procedure and the Wakf Act, 1995 are required to be taken into consideration:-