Binoy Kumar Biswas vs Sufal Chandra Biswas & Ors
2023 Latest Caselaw 954 Cal

3. 2.2022

Ct. no. 652 sb C.O. 1150 of 2019

Binoy Kumar Biswas Vs.

Sufal Chandra Biswas & ors.

Mr. Surya Prasad Chattopadhyay Mr. Arjun Samanta Mr. Ankit Chatterjee ...for the Petitioner

Mr. Sarbananda Sanyal Ms. Poulami Chakraborty ...for the opposite parties

Being aggrieved and dissatisfied with the order no.

85 dated 4.1.2019 in connection with Title Suit no. 217 of

1995, the present revisional application under Article 227

of the Constitution of India has been preferred.

The defendant/petitioner herein contended that

they have purchased a portion of the suit property from a

co-sharer and they wanted to incorporate said fact by way

of filing additional written statement and also prayed for

framing additional issue. By the impugned order, the

learned court below rejected both the prayers i.e.

acceptance of additional written statement as well as the

prayer for framing additional issue. Being aggrieved by

that order, the defendant/petitioner has preferred this

revisional application.

However, during pendency of this revisional

application, the said suit being Title Suit no. 217 of 1995

has been decreed in favour of the plaintiff. It is submitted

that being aggrieved by the said decree, the

defendant/petitioner has preferred appeal before the First

appellate court which is pending.

In view of the aforesaid judgment and decree

passed in Title suit no. 217 of 1995, the present

revisional application has become infructuous.

Let C.O. 1150 of 2019 be dismissed as being

infructuous.

(Ajoy Kumar Mukherjee, J.)