HEMANTA KUMAR SHARMAH Vs. RAHUL GUPTA

JUDGEMENT

(1.) The present revisional application under Art. 227 of the Constitution of India is directed against the order dated 13.9.2006 passed by the learned Additional District Judge, 14th Court, Alipore in C.R. No. 32/03 dismissing the application filed by the petitioner for revision of the order dated 17.2.2003 passed by the learned Civil Judge (Senior Division), 2nd Court, Alipore in T.S. 70/92.

(2.) The circumstances leading to the above application are that O.P. No. I /plaintiff instituted the said suit for specific performance of agreement for sale of a flat. The suit was posted on 22.1.2003 for hearing argument as also injunction petition filed by the present petitioner/defendant No. 1. The petitioner prayed for an opportunity to adduce evidence. The learned Trial Judge disposed of the petitioner's petition dated 5.7.2002 and 22.1.2003 observing that the cross-examination of P.W. 1 (plaintiff) and evidence of defendant are closed and fixed the next date on 17.2.2003 for the same purpose. The petitioner moved in revision being C.R. 32/03 and the learned Revisional Court below dismissed the same by the impugned order holding that as the orders impugned are interlocutory in nature, revision is not maintainable and as such affirmed the orders dated 22.1.2003 and 17.2.2003.

(3.) Being aggrieved by the said order, the petitioner has come up before this Court.