Prasenjit Mandal, J.

1. THIS application is at the instance of the plaintiff and is directed against the order dated December 22, 2009 passed by the learned Civil Judge (Senior Division), Fourth Court, Alipore, District South 24 Parganas in Title Suit No.92 of 2002 thereby passing certain observations, framing of issues and lastly fixing the next date on January 13, 2010 for discovery and peremptory hearing.

2. THE short fact is that the plaintiff filed the Title Suit No.92 of 2002 praying for a decree for declaration that the deed of trust dated August 13, 1947 executed by Bimal Behari Sen (since deceased) is still continuing, a decree declaring that the purported deeds of sale dated March 17, 1998, March 18, 1998 and March 19, 1998 executed by the defendant nos.1, 2 and 3 in favour of the defendant no.4 are illegal, invalid, void and ab initio, a decree for declaring that the plaintiff is entitled to decree for possession, a decree for permanent injunction and other reliefs.

In that suit, the defendant/opposite party no.4 entered in the suit long ago. But he did not contest the suit ultimately. None of the defendants also contested the suit and the learned Trial Judge dec