ASHIM KUMAR BANERJEE Vs. SWAPAN KUMAR MALLICK

JUDGEMENT

(1.) This application for review is directed against the Judgment dated May 19, 2011 passed by this Bench in

(2.) The petitioner is one of the substituted legal heirs of the deceased plaintiff no.5. In 1967, the original plaintiffs filed a suit for partition being Title Suit No.168 of 1967 for partition and the said suit was decreed on compromise on March 13, 1968 wherein the share of one Lila Debi had been declared to the extent of 1/10th in the suit property as described in the schedule to the plaint. Then an application under Section 4 of the Partition Act being converted into Misc. Case No.8 of 1988 was filed in the year 1988. The said misc. case was dismissed for default and thereafter, it was restored again and notice of the said misc. case was served upon Radha Rani Mallick who had been described as outsider and purchased 1/25th undivided share. The said misc. case was allowed ex parte on March 14, 1992.

(3.) A Commissioner appointed in the suit submitted his report and the suit was decreed in final form in 1995. The share of Lila Debi was declared and she also obtained the property by way of pre-emption. Then the execution case being Title Execution Case No.7 of 1995 was instituted for delivery of possession to Lila Debi and others and the delivery of possession was given with the help of police and Radha Rani Mallick was dispossessed from her purchased portion of the suit property by due process of law.