ALOK KUMAR SARAOGI Vs. DIPANKAR BAKULY

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the plaintiffs in a suit for specific performance of agreement for sale and is directed against order dated February 17, 2022 passed by the learned Civil Judge (Senior Division), Sealdah in the said suit being Title Suit No. 151 of 2018.

(2.) The suit is for specific performance of an alleged agreement for sale of the suit property dated October 08, 2013 allegedly executed by one Jayanti Paul (since deceased) through her constituted attorney, the defendant no.1 of the said suit, the other heirs and legal representatives of the said Jayanti Paul have also been arrayed as the defendants in the said suit.

(3.) The defendant nos. 2 and 3 in the said suit filed an application under Order VI Rule 17 read with Order VIII Rule 6A of the Code of Civil Procedure thereby praying inter alia by way of counter-claim decree of declaration of the right, title, interest and possession of the defendant nos. 2 to 5 over the suit property and also for a decree of declaration that the said alleged agreement for sale is void ab initio.