REKHARANI DEY Vs. DEB BALA DEY

JUDGEMENT

(1.) The scope and ambit of review under Order 47 Rule 1 C.P.C. has again surfaced in revision application which has been filed connection with the CO. No. 3634 of 2007 which has been disposed of by this Court by the order dated 1st October, 2008.

(2.) The defendants are the petitioners, while the opposite parties are the plaintiffs. It was a suit for partition of the ancestral properties of the parties as described in Schedule 1, Schedule 2 and Schedule 3 of the plaint Schedule 2 again consists of six items. One Kalipada Dey migrated from Bankura to Purulia and amassed fortune. He acquired good number of immovable properties, houses and was the founder of a jewellery business. At the time of his death he left sufficient gold and silver ornaments as described in Schedule 3 to the plaint and on his death Mohan Chandra Dey, the eldest son of the owner came into possession of the valuable articles which were kept in an almirah in the residential house as has been described in Schedule 2(a) to the plaint. Allegedly, on the death of Kalipada Dey, his eldest son used to run the jewellery business started by the said Kalipada Dey on behalf of the joint family consisting of four brothers. Kalipada Dey is said to have transferred his jewellery business in the name of his sons and then the said jewellery business was known as "Mohan Chandra Dey and Brothers". Allegedly the eldest son Mohan Chandra Dey removed the almirah full of gold, silver ornaments as described in the Schedule 3 to the plaint, worth of Rs.1,00,47,060/-. The plaintiff and the defendant No. 10 requested the said Mohan Chandra Dey to give due share of the gold and silver ornaments kept in the almirah but he refused. Mohan Chandra Dey after the shifting his residence purchased a room where the said Jewellery shop of Kalipada Dey is situated from one Chitra Rekha Nandi by using the name of his two sons, Ashok Kumar Dey (Defendant No. 4) and Sunirmal Dey (defendant No. 5) by a registered deed of sale dated 26.5.1998 by paying the consideration money out of the ejmal fund of the said jewellery business. Mohan Chandra Dey was running the said jewellery business on behalf of his brothers also. The said room acquired from land-lady, Chitra Rekha Nandi by the aforesaid Sale deed has been described in Schedule 2(f) below. After the death of the said Mohan Chandra Dey in 2004 his sons are running the said jewellery shop/business on behalf of the plaintiffs and other defendants. The said jewellery shop / business has not yet been partitioned between the parties to this suit. Hence all the properties mentioned hereinbefore and as described in Schedules-2 and 3 are the joint family properties of the aforesaid four sons of the said Kalipada Dey and/or their legal heirs.

(3.) The defendant Nos. 1 to 6 and 8 filed a lengthy written statement denying the plaint narrative in exten so.