N. K. BHATTACHARYYA, J.

( 1 ) HEARD the submission of the learned Senior Advocate Mr. S. P. Roy Chowdhury appearing with the learned Advocate Mr. Saptangshu Basu and the learned Advocate for the opposite party Mr. Jagjibon Ghosh appearing with the learned Advocate Miss Bhaswati Pal. Considered the materials on record.

( 2 ) BY this revision under S. 115 of the C. P. C. the petitioner, who is the defendant in the suit, has challenged order dt. 29-11-1995 passed in Title Suit No. 123 of 1993 by the Assistant District Judge, 5th Court, Alipore, 24-Paraganas (South), whereby the learned Assistant District Judge, allowed the petition of the plaintiff made under S. 151 of the C. P. C. without any cost and gave liberty to the petitioner to deposit a sum of Rs. 20 lakhs for a period of one year in the fixed deposit account subject to renewal with the development of the suit in any branch of the State Bank of India, situate within the territorial jurisdiction of that court. The fact that has given rise to this order impugned is that earlier a suit was filed by the plaintiff for specific performance of contract in the court of the Assistant District Judge, 5th Court, Alipore, 24-Paraganas (

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