GAUTAM CHAKRABORTY Vs. BALAKA DAS (NEE CHAKRABORTY)

JUDGEMENT

(1.) Curiously enough, even after recording the observations of this Court in an order dated 23rd February, 2016 passed in CO 204 of 2014, the Trial Court proceed to dismiss the application filed under Order XII Rule 6 of the Code of Civil Procedure.

(2.) In a partition suit, an application for judgment on admission was taken out by the plaintiff in preliminary form as the shares of the parties are not disputed. The plaint contains three schedules.

(3.) When the matter reached to this Court in CO 204 of 2014, there is a categorical observation recorded therein that the affidavit filed by the defendant/opposite party contains a clear admission as to the extent of her share, which is fifty per cent in respect of the properties described in Schedules A and C to the plaint. It is further observed that there is a dispute over the properties described in Schedule B to the plaint.