PARIMAL GHOSH Vs. HARIDAS SAHA & OTHERS

JUDGEMENT

(1.) This F.M.A. is directed against an order dated 07.06.2007 passed in Misc Case No.62 of 2005 under Sec.4 of the Partition Act arising out of Title Suit (partition) No.88 of 2004 pending before the learned Civil Judge (Senior Division),1st Court Krishnagar, Nadia.

(2.) During the pendency of the present F.M.A. the appellants had filed an application under Order XLI Rule 27 Code of Civil Procedure which was registered as C.A.N.5103 of 2017, seeking permission to adduce additional evidence as mentioned in the annexure to the said application.

(3.) At the time of consideration of the said application being C.A.N.5103 of 2017 on 05.12.2018, a doubt arose in the mind of the Court regarding the maintainability of the present appeal being F.M.A.No.655 of 2008 particularly on the question whether the failure on the part of the defendants to deposit the valuation amount as determined by the learned Court below within the stipulated period made the impugned order non-enforceable in the eye of law.