MD. NASIR AHMAD Vs. MD. ZAHIR

JUDGEMENT

(1.) The present writ petition has been preferred against an order passed by the 1st Additional District Judge, Chaibasa, dated 15th December, 2008 in Title (Partition) Appeal No. 7 of 2006 (Annexure-4 to the memo of the petition) whereby, an application, preferred by the present petitioner, (original plaintiff-appellant) under Order VI Rule 17 to be read with Section 151 of the Code of Civil Procedure, for amending in the cause title of the plaint, has been dismissed and therefore, the present petition has been preferred.

(2.) Learned Counsel for the petitioner submitted that in pursuance of the notice, issued by this Court dated 15th April, 2010, the petitioner had taken personal service upon the respondent and today, an affidavit has been filed to the effect that the respondent has refused to accept the notice of this Court.

(3.) Learned Counsel for the petitioner submitted that the petitioner is original plaintiff, who has instituted Title (Partition) Suit No. 6 of 2003 before the learned Munsif, Chaibasa, wherein, the respondent (original defendant) had filed a written statement-cum-counter claim to the effect that the petitioner (original plaintiff) as well as one Md. Sultan @ Kaltu are the encroachers and they have to be evicted and hence, the decree, passed by the trial court dated 17th February, 2006 to the effect that the original plaintiff as well as Md. Sultan @ Kaltu, were ordered to be evicted from the suit property and It was directed to handover peaceful and vacate the possession of the suit property to the defendant.