KISHORE KUMAR PRASAD, J.

( 1 ) IN this appeal, the Order No. 27 dated 12. 2. 2002 passed by shri A. Mukherjee learned Judge, 10th Bench, City Civil Court Calcutta, in title suit No. 1398 of 1998 is assailed by the appellants. The appellants herein had filed the aforesaid suit for declaration that the sale deed executed by the defendant no. 1 in respect of the suit premised is null and void, for a further declaration that the sale deed dated 29. 11. 1997 be delivered up and cancelled and permanent injunction. By the impugned order, issue No. 1 was taken up as preliminary issue by the learned Trial Judge on the date of peremptory hearing of the case and the said issue was about the maintainability of the suit. The learned Trial judge after hearing the learned lawyer appearing for the parties had dismissed the aforesaid suit on the ground that it was not maintainable.

( 2 ) EVEN though the learned Counsel for the respondents-has not cared to put in appearance on the date of hearing the instant appeal before this Court despite service, we have heard the learned Counsel appearing for the appellants and gone through the records carefully.

( 3 ) LEARNED Counsel for the appellants conte

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