ANOWAR ALI Vs. JOLA BIBI

JUDGEMENT

(1.) Heard Mr. G.S. Bhattacharjee, Learned Counsel appearing for the petitioners as well as Mr. S. Deb, learned senior counsel for the respondents. By this application filed under Article 227 of the Constitution of India, the legality of the order dated 07.01.2012 as passed by the learned Civil Judge, Junior Division, Udaipur, South Tripura, in Civil Misc. No. 04/2011 in Title Suit No. 04/2010 has been questioned.

(2.) The brief fact sans unnecessary details which is required to be noticed is encapsulated for the purpose of appreciation.

(3.) The respondent Nos. 2 and 4 filed the joint written statement traversing the pleadings in the plaint and they denied the right, title, interest of the plaintiffs, petitioners herein over the suit land. The learned Civil Judge, Junior Division, South Tripura, Udaipur, on examination of the pleadings, framed issues and thus the trial of the suit commenced. Thereafter, the suit was fixed for recording evidence when the plaintiffs filed a petition under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint and that petition was registered as Civil Misc. No. 04/2011 in Title Suit No. 04/2010.