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2011 Supreme(Cal) 74

PRASENJIT MANDAL
Iswar Gopal Jew Thakur And Iswar Manasamata Thakurani – Appellant
Versus
Rita Manna – Respondent


Advocates appeared:
Bidyut Banerji, Shila Sarkar, Probal Kumar Mukherjee, Abhishek Banerjee

JUDGMENT

PRASENJIT MANDAL, J.

1. CHALLENGE is to the order no.53 dated July 6, 2000 passed by the learned Civil Judge (Senior Division), Second Court, Howrah in Title Suit No.222 of 1997 thereby allowing an application under Section 10 of the Code of Civil Procedure.

2. THE plaintiff/petitioner instituted a suit being Title Suit No.222 of 1997 praying for declaration that the deeds of gift executed by Promila Sundari Mazumdar in favour of the opposite party are void, fraudulent, inoperative and not binding upon the plaintiff and for further declarations. THE opposite party is contesting the said suit by filing a written statement. Thereafter, she filed an application under Section 10 of the C.P.C. for stay of the suit till disposal of a title appeal being T. A. No.162 of 1994 and a second appeal being S.A. No.540 of 1991. That application for stay was allowed by the impugned order. Being aggrieved, the plaintiff has filed this revisional application. Now, the point for consideration is whether the impugned order should be sustained. Upon hearing the learned counsel for the parties, on going through the materials on record and also the written arguments filed by the parties, I find t
























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