JAHARLAL MAITY Vs. SAMAR NATH GIRI

JUDGEMENT

(1.) This revisional application is directed against Order No. 64 dated August 03, 2009 passed by Civil Judge (Junior Division), Haldia in Title Suit No. 67 of 1993 by which an application for amendment of the plaint is allowed.

(2.) The plaintiff/opposite party no.1 filed the aforesaid suit for declaration of his title and permanent injunction with further declaration that the ex parte decree passed in Title Suit No. 2 of 1978 is fraudulent, illegal and without jurisdiction and, therefore, is not binding upon the said plaintiff.

(3.) At the time of institution of the said suit, the plaintiff/opposite party no.1 claimed himself to be in possession of the suit property.