MD NAZRUL ISLAM Vs. AZIZUL ISLAM

JUDGEMENT

(1.) This revisional application is at the instance of the defendants/petitioners and is directed against the order no.68 dated 01.08.2006 whereby the learned Civil Judge (Senior Division), Third Court, Alipore has rejected an application for transposition of the parties filed by the defendants/petitioners in Title Suit No.56 of 2000.

(2.) The facts giving rise to the filing of the revisional application are that the plaintiff/opposite party no.1 filed the suit for declaration, partition and permanent injunction against the defendants/petitioners in the year 2000. The suit proceeded well and in 2006 it was at the stage of examination of the P.Ws. At that time, the defendants/petitioners prayed for transposition of the parties. They wanted to be transposed as plaintiffs on the ground that the plaintiff/opposite party no.1 was not taking proper steps in the suit. That petition was rejected by the impugned order. So the defendants/petitioners have preferred the present revisional application.

(3.) The learned advocate for the defendants/petitioners has contended that the suit was for partition and so every party to the suit may be termed as the plaintiff as well as the defendant and so there is no bar to make transposition of the parties. The learned Advocate has contended that the petition was rejected by the trial court on the ground that it was concocted and no transposition as prayed for could be made.