JAYANTA NANDI Vs. PROBIR NANDY

JUDGEMENT

(1.) This application under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 20th April, 2015 passed by learned Civil Judge, Junior Division 6th Court at Howrah in title suit No. 210 of 2012 (subsequently renumbered as Title Suit No. 9376 of 2014) wherein and where under learned Civil Judge, Junior Division, Howrah has rejected the application under Sec. 10 read with Sec. 151 of the Civil Procedure Code filed by the petitioner.

(2.) It would be relevant to mention in brief about the case of the parties to this proceeding in Order to appreciate as to if learned Court has failed to decide the application under Sec. 10 read with Sec. 151 of Civil Procedure Code in accordance with law.

(3.) The plaintiffs (herein -after referred to as opposite parties only) of title suit number 210 of 2012 have filed the suit under reference praying for a decree of eviction of the defendant (herein after referred to as petitioner only) from the property fully described in 'B' schedule of the plaint. The entire property has been described in 'A' schedule of the plaint and 'B' schedule property consists of one pucca room attached verandah with common bath and privy, being part and parcel of A schedule property (TS -210 of 2012).