RUBI MUKHERJEE Vs. SALIM JAWED

JUDGEMENT

(1.) In this application under Article 227 of the Constitution of India the order dated 16th December, 2006 passed by the Ld. District Judge-in-charge, Purulia in Misc. Appeal No. 10 of 2006 thereby allowing the Misc. Appeal by treating it as a civil revision is under challenge. By filing the said Misc. Appeal No. 10 of 2006 the order dated 20th February, 2006 passed by the Ld. Munsif (now Civil Judge, Junior Division), Purulia in Misc. Case No. 124 of 2003 arising out of Title Suit No. 85 of 1997 in the matter of Salim Jawed vs. Smt. Indira Mukherjee and others was under challenge.

(2.) The short facts of the case are as follows:-

(3.) The Ld. Additional District Judge, 1st Court, Purulia while allowing Misc. Appeal No. 10 of 2006 held as follows:-