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2001 Supreme(Cal) 708

BHASKAR BHATTACHARYA
Subhra Chakraborty – Appellant
Versus
Nripendra Kumar Saha – Respondent


Advocates:
Advocate Appeared:
Haradhan Banerjee, A.N. Das for the petitioners;
Sanghamitra Nandy, K. Roy for the defendants.

JUDGMENT

Bhaskar Bhattacharya, J.

1. This revisional application under Article 227 of the Constitution of India is at the instance of substituted plaintiffs and is directed against order dated August 14, 2001 passed by the learned Additional District Judge, 11th Court, Alipore in Civil Revision No.386 of 1999 thereby affirming Order No.102 dated August 10, 1999 passed by the learned Civil Judge, Junior Division, 2nd Court, Sealdah in Title Suit No.194 of 1989 allowing an application for amendment of plaint.

2. In the year 1989, the original plaintiff, since deceased, filed the aforesaid suit for declaration that a sale deed standing in the name of defendant Nos. 1 and 2 and purportedly executed by him was out and out fraudulent and invalid and was not binding upon the plaintiff and that by virtue of the said deed no title passed in favour of the defendant Nos. 1 and 2. The plaintiff also prayed for permanent injunction restraining the defendant Nos. 1 and 2 and their men and agent from transferring or encumbering the suit property.

3. The case made out by the original plaintiff in the suit was that he was given to understand by defendant Nos. 1 and 2 that a power of attorney was prepa















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