KRISHNA CHATTERJEE Vs. SHANKAR PRASAD GUPTA

JUDGEMENT

(1.) These Civil Revision petitions have been preferred against the order dtd. 6/2/2016 passed in Title Suit No. 134 of 2007, by the court of learned Sub-Judge 2nd, Danapur, whereby and whereunder the petition of defendant's 3rd Set under Order VII Rule 11 (d), read with Sec. 151 of the Code of Civil Procedure, 1908 (in short 'CPC') and under Ss. 48 and 57 (inadvertently typed as 54) of Bihar Co-operative Societies Act, 1935 (in short 'the Act') has been rejected.

(2.) The plaintiff has filed a Title Suit for declaration of title of the plaintiff and non title of the defendants over the suit land and to hold and declare that sale deed dtd. 14/12/1988, said to be executed by defendants 1st Set in favour of defendants 2nd Set and sale deed dtd. 1/3/2002 purported to be executed by defendants 2nd Set in favour of defendants 3rd Set are illegal, invalid and inoperative and also to appoint the Survey knowing Commissioner for carving out for Society Plot No. 6 B, measuring 1800 square feet and also for recovery of possession with other ancillary relief.

(3.) The defendants after appearance filed their written statement. The defendants 3rd Set have filed a petition dated 23. 06.2011 under Order VII Rule 11 (d) read with Sec. 151 of the Code of Civil Procedure and Ss. 48 and 54 (appropriate Sec. 57) of Bihar Co-operative Societies Act, 1935 for rejection of the plaint.