JITENDRA NATH KHATUA Vs. BINODINI MONDAL AND ANR.

JUDGEMENT

(1.) Heard the learned advocates for both the sides.

(2.) This application is at the instance of the plaintiff of the Title Suit No. 654 of 2006 and is directed against the order No. 67 dated January 19, 2011 passed by the learned Civil Judge (Junior Division), Kakdwip, South 24-Parganas, thereby rejecting an application under Section 151 of the Civil Procedure Code for adducing evidence in Title Suit no. 654 of 2006.

(3.) The short fact necessary for the disposal of this application is that two suits, namely, Title Suit No. 637 of 2006 filed by the opposite parties herein and the suit being Title Suit No. 654 of 2006 filed by the petitioner herein are being tried analogously. Parties were allowed the evidence in respect of both the sides. But unfortunately, the evidence was recorded with regard to the other suit, i.e. Title Suit No. 637 of 2006 filed by the opposite parties and no evidence at all has been recorded in respect of the Title Suit no. 654 of 2006. In the situation, the petitioner herein filed an application under Section 151 of the Civil Procedure Code and the said application was rejected by the impugned order. Being aggrieved, this plaintiff of the Title Suit No. 654 of 2006 has filed this application.