JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri S. Dutta, learned Senior Counsel assisted by Shri K. Upamanyu, learned counsel for the petitioner. Also heard Shri M. Biswas, learned counsel for the respondent no. 1, which is the contesting respondent and has also filed caveat in this case.

2. Considering the subject matter in question and also the fact that the learned counsel for the respondent no. 1, which is the contesting respondent and the plaintiff in the suit below is present, this matter is taken up for disposal at the motion stage itself.

3. The petitioner is the defendant in a suit filed for declaration of right, title, interest and recovery of possession which was registered as TS No. 33/2010 before the learned Civil Judge No. 1, Cachar, Silchar in which the petitioner had filed the written statement.

4. It is the specific case of the petitioner that though certain documents were mentioned in the written statement, those were not filed in accordance with law along with the said written statement and accordingly, two applications were filed by the petitioner – defendant before the learned Court. By the first application numbered as Petition No. 237/01, a prayer was made to tak