KIPU LEPCHA Vs. PHUMTSUNG LEPCHA

JUDGEMENT

(1.) The present first appeal challenges the impugned order dtd. 28/8/2024 passed in an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure, 1908 (CPC) in Title Suit No.12 of 2024.

(2.) The title suit was instituted by plaintiff (the respondent no.1 herein) against the defendant no.1 (the appellant herein), the District Collector-cum-CALA and the Sub-Divisional Magistrate, defendant nos. 2 and 3 (the respondent nos. 2 and 3 respectively).

(3.) In the plaint the respondent no.1 had alleged:-