1. Order impugned dated 25th January, 2011 passed by the learned Civil Judge (Senior Division), 3rd Court, Howrah in Title Appeal No. 177 of 2007 allowing the application of the appellant/defendant in the original suit, under Order 6 Rule 17 read with Section 151 of the Code of Civil Procedure is under challenge in this revisional application.

2. The petitioner being the plaintiff in the suit and respondent in Title Appeal filed a suit being Title Suite No. 244 of 1981 before the Civil Judge (Junior Division) 1st Court, Howrah, against the opposite party no.1/defendant for a declaration that the petitioner/plaintiff has absolute right and the opposite party no.1 herein being the defendant in the main suit has no right in respect of plot No. 1524 and sale of 5 sataks from Plot No. 1524 to opposite party/defendant no.2 by deed dated 9th March, 1981 be declared illegal, void and inoperative and not binding upon the petitioner/ plaintiff. A further prayer was made for a decree for confirmation of possession in favour of petitioner/ plaintiff and recovery of possession of 5 sataks from defendant no.2 out of plot no. 1524. A decree for permanent injunction restraining the defend