BARUN KUMAR GOSWAMI Vs. ARUN KUMAR GOSWAMY

JUDGEMENT

(1.) The appellant is the Defendant No. 4 in a suit filed by the plaintiff/respondent No. 1 for cancellation of the deed of partition dated 31st July 1968 and for a declaration that the premises No. 12A. Lakshmi Narayan Mukherjee Lane and 12B, Anukul Mukherjee road are Debattar Properties not liable to partition. There is alternative prayer also in the said suit.

(2.) The appeal is directed against an order dated 21 st December 2001 by which the learned Judge of the First court after hearing the parties was pleased to allow an application for recall of the previous order dated 30th November 1999. The order dated 30th November 1999 was passed by the learned Judge admittedly on mentioning when the suit was not the list. By the said order the learned Judge, upon hearing the submission made by the plaintiff/respondent No. 1 declared that the suit stands abated as a whole and as such the suit was dismissed and all interim orders stood automatically vacated in view of the said order of recording the abatement of the suit.

(3.) This appeal is mainly argued before us on the preliminary objection taken by Mr. Shom, the learned Counsel appearing for Rina. Adhya who wanted to be added as a party in the suit as her application for such addition was pending. The preliminary objection is that the appeal is not maintainable inasmuch as an order recalling a previous order recording the abatement of the suit is not a judgment within the meaning of Clause 15 of the Letters Patent.