JUDGMENT :

Heard Mr. N. Dhar, learned counsel for the petitioner. None has appeared for the respondent despite service of notice.

2. In this revision petition filed under Article 227 of the Constitution of India, the order dated 18-01-2017 passed by the court of learned Civil Judge, Karimganj in Misc. Case No. 164/2016 arising out of Title Suit No. 07/2016 rejecting the application filed by the petitioner under Section 10 of the CPC has been put under challenge.

3. The petitioner is the defendant No. 1 in Title Suit No. 07/2016 instituted by the respondents as plaintiffs. The case of the petitioner, in brief, is that the respondents as plaintiffs had earlier instituted Title Suit No. 09/2009 before the court of learned Munsiff No. 1, Karimganj seeking a decree for declaration of their right, title and interest over the second schedule land; for recovery of possession and for other consequential relief(s). The aforesaid suit was decreed by the learned Trial Court on 21-01-2015, where-after, the present petitioner had preferred a title appeal. The title appeal having been dismissed by the first appellate court, the petitioner has preferred a second appeal against the concurrent judgment