JUDGMENT :

Biswanath Rath,J

Petitioner filed this Civil Miscellaneous Petition assailing the order dated 15.3.2014 passed by the learned Civil Judge (Senior Division), Baleswar thereby rejecting the application at the instance of the plaintiff-petitioner under Order 39, Rule 7 of the Code of Civil Procedure, 1907.

2. The brief fact of the case is that the petitioner as plaintiff filed a suit for declaration of right, title and interest over the suit schedule land, correction of Record-of-Right and also for permanent injunction. The plaintiff’s case in the suit is that he is one of the sons out of five sons of his late father. One of the brothers of the petitioner, namely, Pradip had earlier filed O.S.No.111 of 1972-I for partition of their entire ancestral joint family properties impleading their father as one of the defendant. . The present petitioner was impleaded as defendant no.3 in the said suit. The said suit was decreed in terms of compromise on 12.2.1975. The petitioner therefore, submitted that the entire ancestral property has been partitioned in meets and bounds by allotting Ac.2.11 decimals of land as described in the plaint involved in the suit as ‘Ga’ schedule land. A