ASHOK KUMAR BHOTIKA Vs. ASHA RAO

JUDGEMENT

(1.) Both the civil revisional applications being CO 2108 of 2011 and CO 2533 of 2011 are taken up together for analogous hearing.

(2.) In CO 2108 of 2011 challenge is thrown by the petitioner to the order impugned dated 6th May, 2011, so far as the order relates to allowing DW2 to adduce evidence and also to the order impugned dated 18th May, 2011 both passed by the Learned 4th Civil Court (Senior Division) at Alipore in Title Suit no.20 of 2009.

(3.) The same order dated 6th May, 2011 is under challenge in CO 2533 of 2011 in which the defendant no.7 (since deceased) is the petitioner in so far as the order denied the defendant no.7/petitioner to file her separate written statement. The defendant no.4/opposite party no.5 is the applicant in CAN 1272 of 2014 which is an application for transposing the name of the applicant/defendant no.4/opposite party no.5 as the petitioner in place and stead of the deceased defendant no.7/petitioner in CO 2533 of 2011. Both the COs and the CAN are taken up for consideration together with the consent of the parties.