JUDGMENT :

AJOY KUMAR MUKHERJEE, J.

1. Being aggrieved and dissatisfied with the order dated 19/12/2018 passed by the learned District Judge at Jalpaiguri in Misc. Case No. 40 of 2018 present misc. case has been preferred. By the impugned order learned District Judge at Jalpaiguri was pleased to reject the petitioners prayer for transfer of Title Suit No. 43 of 1994 pending before the learned Civil Judge (Junior Division) at Jalpaiguri to the Court of learned Civil Judge (Senior Division) at Jalpaiguri.

2. It has been contended by the learned counsel for the petitioner that the petitioner filed a suit for partition and for other consequential reliefs as plaintiff against Debesh Chandra Goswami and others before the learned Assistant District Judge at Jalpaiguri being partition suit No. 27 of 1994. The opposite party herein filed a suit for declaration of title and for permanent injunction against the aforesaid Asutosh Goswami before the learned Civil Judge(Junior Division) at Jalpaiguri and it was registered as Title Suit No. 43 of 1994 (T.S. No. 2456 of 2014).

3. It is further submitted that in Partition Suit No. 113 of 2015 Durjoy Goswami, Sanjoy Goswami, Suranjoy Goswami are implead