MST. MUSLIMA BIBI Vs. SK. RAJESH

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India has been initiated by the original petitioner/defendant No. 1 Sk. Mazid Khan, since deceased being aggrieved by the order passed by Civil Judge, Junior Division, Tamluk in connection with Title Suit No. 22 of 1974. By the said order No. 278 dated 19-08-2010, the learned Munsif rejected the application under Order XLVII Rule I of the CPC filed by the said Ex-Mazid Khan since deceased.

(2.) Being aggrieved by the said order the predecessor of the present petitioners filed this revisional application on the ground that the learned Trial Judge rejected the review application on a wrong finding and the order of the Trial Judge was nothing but a perverse one. Though the plaintiff failed to prove the defendant No. 5 died on 31-03-1979, prior to passing of the preliminary decree but in spite of that learned Trial Judge acted illegally and rejected the application for review. He accordingly prayed for an order to set aside the order of the Trial Court and to allow the review application.

(3.) The plaintiff Sk. Ashgar Ali had initiated a suit for partition and injunction before the Court of third Munsif, Tamluk on 24-01-1974 against the present petitioner/defendant No. 1 as well as against other defendants. That Suit was disposed of on 7th May, 1982, by the Trial Judge and accordingly the suit was decreed on contest in part in preliminary form against the contesting defendant and ex-parte against the rest. Long after the said decree the original defendant No. 1 filed an application for review of the said decree passed on 7- 5-1982 and prays for an order that the said decree is void and illegal as the decree was passed against the dead person.