Shib Sadhan Sadhu, J.

1. The petitioner by filing this application under Article 227 of the Constitution of India seeks to set aside the order being order No.31 dated 14.12.2012 passed by the Learned Civil Judge (Senior Division), Sealdah in Title Suit No.155 of 2009 rejecting the petition dated 07.03.2011 filed by the defendant No.2/petitioner herein praying for passing necessary order not to pass the decree on the basis of the impugned compromise petition giving no importance to the evidence led by the constituted Attorney of the defendants and to allow the defendant No.2 to contest the suit on merit through his own appointed Advocate.

2. The plaintiff/O.P. No.1 herein instituted the aforesaid suit for decree of declaration, injunction, specific performance and enforcement of contract, mesne profit, damages and compensation and for further reliefs against the petitioner and another. The petitioner/defendant No.2 executed a notarial Power-of-Attorney in favour of his maternal brothers Soumen Kumar Ghosh and Sujit Kumar Ghosh to look after that suit on his behalf as he has been residing in England. On 06.03.2011 the petitioner returned from England and on 07.03.2011 came to