JUDGMENT :

Kausik Chanda, J.

The petitioner challenges a judgment and order dated March 17, 2020, passed by the Additional District Judge, 1st Court at Siliguri, reversing an order dated May 27, 2014, passed by the learned Civil Judge (Junior Division), Siliguri in Title Suit No.147 of 2010, allowing an application under Order VII Rule 11 of the Civil Procedure Code, 1908 (‘the Code’, in short).

2. In this judgment, the parties have been referred to in terms of their status as described in the plaint.

3. The plaintiffs/opposite parties filed a suit for decree of khas possession after eviction of the defendant/petitioner from the suit premises and other consequential reliefs. In the said suit, the plaintiffs contended, inter alia, that they are the legal heirs of Dinesh Chandra Poddar, since deceased. The said Dinesh Chandra Poddar purchased a plot of land from Khitish Chandra Dey in the names of his two minor brothers, Dhiren Chandra Poddar and Radha Gobinda Poddar, and constructed a house on the said land. Dhiren and Radha Gobinda returned back to their parents in East Pakistan and started to reside there permanently. In the year 1970, during the war between Pakistan and Bangladesh, D