BAPI GHOSH Vs. SAROJINI GHOSH

JUDGEMENT

(1.) The instant civil revision application has been preferred under Article 227 of the Constitution of India with a prayer for setting aside the order no. 240, dtd. 4/3/2021 passed by Ld. Civil Judge (Junior Division), 1st Court, Malda in connection with O.C. suit no. 234 of 1997.

(2.) The petitioner herein along with 8 other persons as plaintiffs instituted a title suit for declaration and permanent injunction against the opposite parties in respect of R.S. Dag no. 54 under R.S. Khatian No. 57 under Mouza- Avirampur, District- Malda. The petitioner also moved an application under Order 39 Rule 1 & 2 of the Code of Civil Procedure (for short CPC) for ad interim injunction which was allowed by the Ld. Trial Court and Advocate Survey Commissioner was appointed. In the survey report, it got revealed that the petitioner is in enjoyment and possession in respect of his share of land. The plaintiffs no. 1 to 6 were represented by their Power of attorney holder Md. Tajammul Haque. On 28/5/2017 the said power of attorney holder died but the plaintiffs no. 1 to 6 did not take any necessary steps for which the petitioner herein moved one petition to expunge them which was allowed by the Ld. Court and the petitioner was directed to file one amended plaint. Subsequently, defendants moved one petition under Sec. 151 of the CPC for dismissal of the suit on the ground that the suit against plaintiffs no. 1 to 6 have been abated.

(3.) The Ld. Trial Court through the order impugned allowed the prayer of the defendants and accordingly dismissed the suit. Being aggrieved by and dissatisfied with the order of dismissal petitioner has preferred the instant revision application for appropriate relief.