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1997 Supreme(Cal) 96

SIDHESWAR NARAYAN
BISWANATH DIGAR – Appellant
Versus
GOPAL DIGAR – Respondent


Advocates Appeared:
Biman Kanti Bose, GITA DAS, H.P.ROYCHOWDHURY

S. NARAYAN, J.

( 1 ) THIS revisional petition by the defendants, is directed against the order dated June 22, 1991 passed by the Additional Munsif. Ghatal, District Midnapur in Title Suit No. 46 of 1988, whereby their prayer for permission to adduce fresh evidence after remand of the suit was rejected. To be more specific, after the aforesaid suit was remanded by the appellate court to the trial court, the defendants-petitioners filed an application for inspection of the LTIs. said to have been given by the defendant O. P. No. 6 on summons/ Wakalatnama/ written statement with regard to an earlier snit being Title Suit No. 255 of 1970 as also to the subsequent one being Title Suit No. 46 of 1988 by a Finger Print/hand writing Expert and for a report as such.

( 2 ) THE factual score depicts that a Title Suit No. 46 of 1988, being one for declaration of Title and injunction was filed by the plaintiffs-O. P. Nos. 1 to 5 and the same was earlier dismissed on contest against the defendants-petitioners No. 1 to 5 and exparte against the defendants-O. P. No,. 6 and 7 by the judgment dated 18. 5. 1989. The plaintiffs-O. Ps. thereafter preferred an appeal being Title Appeal No. 47 of 1989









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