RATAN KUMAR MAJUMDER Vs. SUBHAS MAJUMDER

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the order no. 11 dtd. 8/12/2011 passed by the learned Civil Judge (Senior Division), Ranaghat, Nadia in Title Appeal no. 08 of 2010, the present application under Article 227 of the Constitution of India has been preferred.

(2.) The petitioner contended that petitioner had filed a suit being title suit no. 13 of 2007 before the court of learned Civil Judge (Junior Division), 1st Court, Ranaghat, Nadia seeking relief inter alia for temporary and permanent injunction restraining the defendants from illegally dispossessing the plaintiff from the suit shop and from closing down the business of the plaintiff from the suit shop. Learned trial court dismissed the suit against which the plaintiff/petitioner has preferred aforesaid appeal being Title Appeal no. 08 of 2010.

(3.) Ms. Lahiri, learned advocate for the petitioner submits where possession of the plaintiff is admitted and the plaintiff is in settled possessions, such possession cannot be disturbed without adopting due legal process and learned court should have decreed the suit by granting injunction to protect the possession of the plaintiff in the suit property. During pendency of the aforesaid Title Appeal no. 8 of 2010, the plaintiff/petitioner filed a petition under Order XLI rule 27 read with Sec. 151 of the Code for adducing evidence in the interest of justice, on the ground that during the trial in the trial court, the appellant could not submit some relevant documents as the same were misplaced and recently found, which were kept in an old wooden almirah and some documents were in the custody of the petitioner/appellant, which are required to be produced and proved to adjudicate dispute between the parties completely and effectively and for pronouncing judgment by the appellate court.