DEBASIS BHATTACHARJEE & ANR. Vs. PUSPA MAJHI

JUDGEMENT

(1.) This is an application under Article 227 of the Constitution of India against an order dated March 1, 2011 passed by the learned Civil Judge (Sr. Div), 2nd Court, Howrah in Title Suit No. 116 of 2008.

(2.) The opposite party no. 1 had filed the above suit in the Court of learned Civil Judge (Jr. Div), 2nd Court at Howrah and prior to this suit, the present petitioner no. 2 had filed a suit for declaration and injunction being Title Suit No. 15 of 2005 in the Court of learned Civil Judge (Jr. Div), 6th Court at Howrah against the present opposite parties no. 1 and 2 for cancellation of a deed of gift as well as a deed of sale.

(3.) It appears that the suit of 2005 filed by the petitioner no. 2 herein was dismissed for default on May 20, 2009. About a year thereafter, an application under Order 9 Rule 9 of the Code of Civil Procedure was filed in the Court below and the same has been registered as a Miscellaneous Case no. 7 of 2010.