SUBHODEEP ROY Vs. MADHU SUDAN KOIRI

JUDGEMENT

(1.) Mr. B.J. Ghosh, the learned counsel for the petitioner. Also heard Mr. G. N. Sahewalla, the learned Senior Counsel, assisted by Ms. K. Sharma, the learned counsel for the respondent Nos. 1 to 4.

(2.) This revision petition under Sec. 115 of the Code of Civil Procedure, 1908, read with Sec. 151 of the said Code, has been filed by the petitioner, namely, Subhodeep Roy, impugning the order dtd. 29/8/2025, passed in Misc(J) Case No.269/2025, in connection with Title Execution Case No. 05/2005 by the Court of the learned Civil Judge (Senior Division) No. 2, Cachar, Silchar, whereby, an application filed by the present petitioner, under Order 13, Rule 10 (2), read with Sec. 151 of the Code of Civil Procedure, 1908, praying for calling of the case records of P.P. Case No. 30/1973-1974, from the Office of Deputy Commissioner, Cachar Sirchar, was rejected.

(3.) The facts relevant for consideration of the instant revision petition is that the predecessor-in-interest of the respondents had filed Title Suit No. 76/1979, praying for decree of declaration of right, title and interest over the Schedule 1 land and for recovery of khas possession of the land described in Schedule 2, 3 and 4 of the plaint, while evicting the defendants therefrom. The aforesaid Title Suit was contested by the defendants, including the predecessor-in- interest of the present petitioner. The trial court granted the relief to the plaintiff in Title Suit No. 76/1979 respectively for Schedule 1 and 2 land.