ENAM RABBANI Vs. SALMA RAHMAN

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the petitioner calls into question the order dated 29.09.2011, passed by the learned Munsiff No. 1, Nagaon in Title Suit No. 86/1998 as well as the order dated 24.08.2001, passed by the Munsiff No. 1, Nagaon in Misc. (J) Case No. 46/1998, registered on a petition under Order 39 Rule 1 and 2 read with Section 151 C.P.C. for injunction.

(2.) Heard Mr. K.K. Mahanta, learned Senior Counsel for the petitioner. Also heard Mr. A. Sarma, learned counsel for the opposite party.

(3.) Before proceeding further, at the outset, it will be appropriate to briefly notice the purport of the orders impugned. By the order dated 29.09.2011, the learned trial Court allowed an application filed by the Defendant No. 1, under Section 33 of the Indian Evidence Act read with Section 151 C.P.C., for accepting the evidence tendered by Late Rajibun Nessa, who was the mother of both the plaintiff and the defendant No. 1, by holding that such evidence would be taken into consideration at the time of appreciation of evidence.