SAHINA HAQUE Vs. TAZAMUL HAQUE

JUDGEMENT

(1.) This first appeal is directed against an order being No. 48 dated 14th June, 2016 passed by the learned Judge, Small Causes Court, Sealdah in Title Suit No. 40/15 (R-170/15) at the instance of the plaintiff No. 2/appellant.

(2.) By the impugned order, the plaintiffs' suit for partition was dismissed under Order 16, Rule 20 of the Code of Civil Procedure for non-compliance of the Court's order regarding filing of evidence-in-chief by affidavit by the plaintiffs in court.

(3.) At the time when an application for injunction filed in connection with the said appeal was taken up for hearing, we are invited by the learned counsel appearing for the parties to dispose of the appeal itself on merit on the basis of the materials available before us. We are informed that all the papers which are necessary for disposal of the appeal are annexed to the application for injunction.