JUDGMENT

R.N. BISWAL, J. — The petitioner challenges the order dated 19.09.2009 passed by the learned Civil Judge (Senior Divi¬sion), Nimapara rejecting the petition filed under Order 6, Rule 17 of C.P.C. in Title Appeal No. 64/40 of 2000 of 1996.

2. The mother of the petitioner, Subarna Bewa as plaintiff filed Title Suit No. 17/1988 in the Court of learned Civil Judge (Junior Division), Nimapara for declaration of right, title and interest and confirmation of possession and permanent injunction in respect of the suit properties as prescribed in different schedules of the plaint and other consequential reliefs. The original defendants were Bichitrananda Khuntia, Banambar Khuntia and Sri Thakur Nigamananda Saraswat Dev, out of whom, Bichitra¬nanda Khuntia and Banambar Khuntia having been expired, their legal representatives were brought on record. The suit was de¬creed on 22.2.1996 and being aggrieved with the same, the defend¬ants preferred Title Appeal No. 64/46 of 2000/1996 before the learned Civil Judge (Senior Division), Nimapara.

3. In the appellate Court when the original plaintiff-respondent detected some mistake with regard to khata numbers of the suit property, she filed a