KASHI NATH DAS Vs. RAM BILAS RAJAK

JUDGEMENT

(1.) I am hearing this application under Article 227 of the Constitution of India wherein the present petitioner who is the appellant in Title Appeal No. 61 of 2010 now pending before the court of learned Civil Judge (Senior Division) Additional Court, Hooghly. In the present petition, the order No. 40 dated 11 -04 -2013 has been questioned.

(2.) The present petition has been filed by the present petitioner/plaintiff against the order of rejection dated 11th April, 2013 vide Order No. 43 as passed in Title Appeal No. 61 of 2010 now pending before the Civil Judge (Senior Division), Additional Court, Hooghly. Before I proceed further, I like to mention subtle fact which will be necessary for the adjudication of this matter.

(3.) The present plaintiff/petitioner brought a Title Suit being T.S No. 167 of 2003 which was dismissed by the Civil Judge (Junior Division), 2nd Court at Chandannagore and against the said order of dismissal, Title Appeal No. 61 of 2010 was preferred.