MD. SHAMSER ALI Vs. MD. SHAHAJAHAN ALI

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 21.08.2008 passed by the High Court Division in Civil Revision No. 1427 of 2005 discharging the Rule.

(2.) The facts, in short, are that the present respondent as petitioner instituted the suit for eviction of the petitioner from the suit premises in 1996. The suit was, on transfer, renumbered as S.C.C. Suit No. 02 of 2002. In that suit the petitioner filed an application for accepting his written statement in substitution of the previous statement which was said to have been filed by the plaintiffs by using their names. The learned Senior Assistant Judge, rejected the said prayer. The petitioner thereafter unsuccessfully moved the learned District Judge, in revision and thereafter moved the High Court Division without success.

(3.) As against the judgment and order of the High Court Division the petitioners have filed this petition for leave to appeal.