SMT. DULA BOSE Vs. AMALENDU GUHA AND ANOTHER

JUDGEMENT

(1.) Heard Mr. B.K. Goswami, learned Senior Counsel assisted by Mrs. T. Goswami, learned Counsel appearing for the appellant as well as Mr. A.S. Choudhury, learned Senior Counsel assisted by Miss P. Deb, learned Counsel appearing for the respondents.

(2.) This revision petition is directed against the order of the learned Civil Judge (Senior Division) No. 1 dated 21.3.2007 whereby the learned Civil Judge (Senior Division) dismissed the appeal on the sole ground that the stranger to the original suit cannot file the appeal against the judgment and decree passed in that suit. For deciding the issue in the present revision petition a short fact is required to be noted. Admittedly, the present petitioner is not one of the parties in Title suit No. 52 of 2005, which was decreed ex-parte on 22.9.2005.

(3.) The petitioner filed the said Title Appeal No. 72 of 2005 along with the leave to file the appeal against the ex-parte decree dated 22.9.2005 passed in Title Suit No. 52 of 2005 on the ground that the said ex-parte decree passed in Title Suit No. 52 of 2005 shall prejudicially affect the right of the present petitioner in the suit land of the Title Suit No. 52 of 2005. It is stated that the Title Suit No. 52 of 2005 was for a decree for a specific performance of contract in respect of the property i.e. suit land and house for which the petitioner has certain right and interest. Such being the situation according to the petitioner, the said exparte judgment and decree dated 22.9.2005 passed in Title Suit No. 52 of 2005, shall adversely affect the right of the petitioner. Accordingly, the petitioner filed the said Title Appeal No. 72 of 2005 along with the application for leave.