TOFIZ UDDIN Vs. EUSOB ALI

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel for the petitioner. Also heard Mrs. R. Choudhury, learned counsel for the respondent.

(2.) This application under Article 227 of the Constitution of India, has been filed to assail the order dated 21.07.2014 passed by the learned Munsiff, North Salmara, Abhayapuri in T.S. No. 70/2013, allowing the respondent/plaintiff to withdraw the suit and to file fresh suit in the form of counter-claim in T.S. No.70/2013.

(3.) The petitioner herein is the defendant No.1 in the said T.S. No.70/2013. The suit was for declaration of right, title, interest, recovery of khas possession and cancellation of sale deed No.2445 dated 22.12.1993 and for permanent injunction. The petitioner herein, who was the defendant No.1, filed his joint written statement along with defendant No.2, namely, Akbar Ali and the petitioner has also filed a counter-claim. It may be stated that the said Akbar Ali was arrayed as respondent No.2. However, pursuant to order dated 15.12.2014, his name has been struck off. In the written statement, the petitioner had denied the claim of the respondent No.1 and in the counter-claim, the petitioner have sought for the following reliefs: