LAWS(CAL)-2013-9-63

HARADHAN MALIK Vs. BISWANATH MALIK

Decided On September 26, 2013
Haradhan Malik Appellant
V/S
Biswanath Malik Respondents

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India is directed against order dated 7th January, 2011 passed by learned District Judge at Hooghly, in Civil Revision No.95 of 2009. By the order impugned learned District Judge rejected the revisional application filed by the present petitioner defendant challenging order dated 4th of May, 2009 passed by learned Additional Court of Civil Judge (Junior Division) Chandannagar in Title Suit No.63 of 1987 whereby learned trial court allowed the petition dated 30th April, 2008 filed by the O. P. plaintiffs under Section 151 read with Section 152 of the Code of Civil Procedure for correction of the decree passed in connection with judgment dated 30.07.1997 in Title Suit No.63 of 1987.

(2.) The background fact of the case may be summarized as follows:-

(3.) Mr. Asish Bagchi appearing for the petitioner defendant challenged the impugned order dated 07.01.2011 of learned District Judge, Hooghly affirming the order of correction of decree passed by learned trial court on 4th of May, 2009 on the following grounds.