AMARENDRA NATH MONDAL Vs. SUBHAS DUTTA

JUDGEMENT

(1.) All these three appeals are taken up for consideration analogously as all these appeals are directed against orders dated February 27, 2011 passed by the learned Civil Judge (Senior Division) First Court, at Barasat, district: North 24 Parganas in Title Suit Nos. 286 of 2007, 289 of 2007 and 290 of 2007.

(2.) By consent of Mr. Sudhis Dasgupta, learned senior advocate, appearing for the appellant in F.M.A.T. No. 379 of 2012, Mr. Bidyut Kumar Banerjee, learned senior advocate, appearing for the appellant in F.M.A.T. Nos. 380 381 of 2012 and Mr. Saktinath Mukherjee and Mr. Shyama Prasanna Roychowdhury, learned senior advocates, appearing for the respondents, all these appeals are taken up for final hearing analogously, upon dispensation of all formalities, to avoid conflicting judicial opinions.

(3.) By the orders impugned, the learned trial judge allowed applications under Order 39, rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the plaintiff-respondent and rejected the applications filed by the defendant under Order 39, rule 4 read with Section 151 of the Code of Civil Procedure. These appeals arise out of suits, inter alia, for specific performance of contract for sale.