RANVIJAY MANDAL Vs. SHAMBHU MANDAL

JUDGEMENT

(1.) Heard learned counsel for the petitioners.

(2.) The petitioners are the plaintiffs in Title Suit No. 34 of 1999. They have filed the present application under Article 227 of the Constitution of India for setting aside the order dated 26.07.2018 passed by the learned Munsif, Dhamdaha in Title Suit No. 34 of 1999 whereby the application dated 06.07.2018 filed by the petitioners under Order VI, Rule 17 read with Section 151 of the Code of Civil Procedure (for short 'CPC') has been dismissed.

(3.) Learned counsel appearing for the petitioners submitted that the plaintiffs have filed the suit for declaration that the sale deeds executed by the defendant 2nd party in favour of other defendants for the suit land are illegal and void and not binding on the plaintiffs and further sought relief for declaration that the order dated 15.06.1998 passed by the Circle Officer, Rupouli, Purnea in Mutation Case Nos.937/97 and 937/97(K) and the analogous order dated 31.12.1998 passed by the Deputy Collector Land Reforms, Dhamdaha in Mutation Appeal Nos. 26 of 1998 and 27 of 1998 are void, illegal, without jurisdiction and not binding on the plaintiffs.