Shib Sadhan Sadhu, J.—The instant appeal is against an order dated 16.5.2007 passed by the Learned Civil Judge (Senior Division), 9th Court, Alipore, 24 Parganas (South) in Misc. Case No.9 of 1999 arising out of Title Suit No.33 of 1997.

2. The factual background leading to this appeal stated in brief is as follows:

The respondent Nos.1, 2 and 3 namely Smt. Ajanta Dutta, Smt Bipasa Raha and Smt. Monisha Chowdhury respectively had filed a suit (Plaintiffs of Title Suit No.33 of 1997) for partition of their eight (8) anas share in the suit property which is an undivided dwelling house originally owned by two brothers Dilip Kumar Dutta and Pradip Kumar Dutta. Dilip died leaving behind the respondents 1, 2 & 3 as his sole legal heirs while Pradip died leaving behind respondent Nos. 4 & 5 Smt. Gayatri Dutta and Sumit Dutta (defendant Nos.1 & 2 in Title Suit No.33 of 1997). The present appellant Mihir Kumar Das was made Proforma Defendant in that Title Suit No.33 of 1997. After closure of evidence in that suit he produced a certified copy of sale deed showing that he had purchased the share of Pradip in the suit property for Rs.1,80,000. Accordingly, he was transposed as defenda