KRISHNA GHOSH Vs. ANANTA BANERJEE AND ORS.

JUDGEMENT

(1.) Heard the learned advocate for the petitioner.

(2.) This application is at the instance of the plaintiff and is directed against order No. 79 dated 19.02.2011 passed by the learned Civil Judge(Junior Division), Nabadwip, Nadia in Misc. Case No. 39 of 2007 arising out of the Title Suit No. 22 of 2007.

(3.) The petitioner filed the said Misc. Case contending that in violation of the order of injunction, the opposite parties took forcible possession of the suit property and as such he filed the said Misc. Case for violation. The opposite parties are contesting the said Misc. Case and thereafter the Misc. case was fixed for peremptory hearing. At one stage, the petitioner could not appear before the court for examination of the witnesses on her behalf on that day, i.e. on 04.12.2010, the evidence of the plaintiff was closed. Thereafter, he filed an application under Section 151 of the Civil Procedure Code and that application was rejected on technical ground. Being aggrieved, this application has been preferred.