BATA KRISHNA MONDAL Vs. GURUDAS SEN

JUDGEMENT

(1.) The present application under Article 227 of the Constitution of India is directed against the order no. 57 dated 22nd February, 2007, passed by learned Civil Judge (Senior Division), 3rd Court, West Midnapore in Title Suit No. 3 of 2003.

(2.) Having gone through the materials on record including the impugned order and also giving due consideration to the submission made on behalf of the parties concerned it could be said that the plaintiff by filing the instant revisional application has prayed for recalling and/or reviewing the order no. 56 dated 19.1.2007 and for setting aside the order impugned with a view to obtaining an opportunity to make submission on the application under Order 6 Rule 17 of Code of Civil Procedure. It would be manifest from the contents of the impugned order as also from some other materials available with the record it could be ascertained that learned trial Judge upon hearing the parties concerned and also applying proper judicial mind was pleased to pass the impugned order by way of rejecting plaintiff "â„¢s application under Section 151 of CPC.

(3.) Being aggrieved by and dissatisfied with the impugned order dated 22.2.2007, the plaintiff has come up before this Court with the prayer indicated at the very outset.