TRIPTI DAS Vs. SAJJAT ALI CHOUDHURY

JUDGEMENT

(1.) Heard Mr. N. Dhar, the learned counsel for the petitioners and Mr. A. K. Talukdar, the learned counsel appearing on behalf of the respondent Nos. 1(Ka), 1(Kha), 1(Ga), 1(Gha), 1(Uma), 1(Cha), 1(Chha) and 1(Ja).

(2.) The present petitioners filed Title Suit No. 1251981 in the court of learned Munsiff No. 2, Karimganj for declaration of right, title, interest and possession over the Schedule IV land in the plaint and for permanent injunction against the respondentdefendant No. 1 predecessor in interest of the respondent Nos. 1(Ka) to 1(Ja) and others. During the pendency of the suit, the plaintiff No. 2 Ashutosh Das Purkayastha, father of petitioner Nos. 2 to 5 and the husband of the petitioner No. 1 died on 08.11.2000 leaving behind his legal heirs other than those already on record. It is submitted that on 03.02.2001, petition No.5272 was filed in order to bring on record the left out legal heirs of the plaintiff No. 2 as there was no mention of the said legal heirs in the plaint nor impleaded as plaintiffs. The said petition No.5272 purportedly filed on 03.02.2001 was not taken up and no order was passed and, as such, another petition No.54817 was filed on 22.05.2007 thereby praying for disposal of the earlier petition No.5272. The defendant Nos. 1(Ka) and 1(Ga) also expired during the pendency of the suit and having come to know about the said fact of death, the petitioners filed petition No.54918 before the learned court below for a direction to the defendants to disclose the names of the legal heirs of the said deceased defendant Nos. 1(Ka) and 1(Ga). Another petition No. 54716 was filed for modifying the order dated 13.09.2006 and allow survey of the suit land by appointing a Commission. The respondents objected against the petition No.54817 stating that no such petition No.5272 on 03.02.2001 was filed nor the same formed part of the record. On the said ground, the petition No.54817 was sought to be dismissed. Further it was the objection that no copy of the said petition No.5272 was served on the defendants. As against the petition No.54918 it was objected that suit as abated against the legal heirs of the deceased defendants already whereafter the subsequent petition was filed for furnishing names and addresses of the legal heirs of the deceased defendant Nos. 1(Ka) and 1(Ga). So the same was liable to be dismissed.

(3.) The learned court below vide impugned order dated 18.06.2007 passed in Title Suit No. 1251981 dismissed all the three applications. Being aggrieved, the petitioners are before this court by filing this revision petition.