JUDGMENT :

Partha Sarathi Chatterjee, J.

1. The instant appeal has been preferred assailing the order no. 26 dated 13.12.2021 passed by the learned Civil Judge, Senior Division, Chanchal, Malda in O.C. no. 187 of 2020 whereby prayer for an interim order made by taking out an application under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as CPC) was turned down.

2. Factual conspectus leading to filing of this appeal is that the plaintiff no.1/appellant and the plaintiff no.2/respondent no.2 herein filed a suit for specific performance of contract against the defendant/respondent no.1 herein. Along with the plaint, the plaintiffs filed an application under Order 39 Rules 1 and 2 read with Section 151 of CPC.

3. In the said application, it was recited that the defendant (hereinafter referred to as the respondent no.1) happens to be original owner of the suit property who had executed one agreement for sale to sell out the suit property at a consideration money of Rs.94 lakhs to the appellant and one Kollol Kanti Sarkar (hereinafter referred to as Kollol) on 6.2.2012 and at the time of execution of the agreement, respondent no.1 accep