SK ABUL KASHEM Vs. ABDUS SAMAD BISWAS

JUDGEMENT

(1.) This Rule at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case.

(2.) The short facts relevant are that, the petitioner being plaintiff instituted the Title Suit No.10 of 1991 in the Court of Subordinate Judge, Magura for declaration of title and for partition in respect of 10 annas 13 gondas one kara and one Keranti share. The opposite party being defendant Nos.4 (Ka) to 4(uma) contested the suit by filing written statement denying all material allegations made in the plaint.

(3.) The learned trial Court decreed the suit by his judgment and decree dated 26-2-96.