GAUTAM SAHA Vs. HARADHAN SAHA

JUDGEMENT

(1.) Heard Mr. S.M. Chakraborty, learned senior counsel, assisted by Ms. P. Chakraborty, learned counsel for the petitioners. Also heard Mr. K.N. Bhattacharjee, learned senior counsel and Mr. S. Roy, learned counsel for the respondent.

(2.) By this petition filed under Article 227 of the Constitution of India, the order dated 05.03.2012 as passed by the learned Civil Judge, Senior Division No.1, Agartala, West Tripura, in Title Suit No.113/2010 has been put under challenge on the fundamental ground that at the time of passing that order there had been no consideration of relevant factors as required for passing any order under Section 151 of the Code of Civil Procedure,1908.

(3.) For appreciation, the facts of the case are required to be briefly noticed.