SURAJ MULL GOUTI Vs. SUMATI GOTI

JUDGEMENT

(1.) This first miscellaneous appeal is at the instance of a plaintiff and is directed against order dated 6th August, 2004 passed by the Additional District Judge, 13th Court, Alipore, 24-Parganas (South) in Civil Revision Case No. 304 of 2001 thereby setting aside Order No. 17 dated 11th May, 2001 passed by the learned Civil Judge, 2nd Court, Junior Division, Sealdah in Title Suit No. 619 of 2000.

(2.) In the suit, the respondents took a preliminary objection that the suit was not maintainable and the learned Trial Judge accordingly fixed a date for hearing of the suit on the question of maintainability of the same and ultimately, by Order No. 17 dated 11 th May, 2001 held that the suit was maintainable.

(3.) Being dissatisfied, the respondents preferred a revisional application under Section 115(A) of the Code of Civil Procedure before the learned Revisional Court below and by the order impugned herein the said Revisional Court has come to the conclusion that the suit is not maintainable and accordingly dismissed the suit.