P. Mandal, J. - (1.) Challenge is to the Order No. 69 dated February 22, 2011 passed by the learned Civil Judge (Junior Division), 2nd Court, Malda in Title Suit No. 213 of 2001 thereby dismissing an application under Order 7 Rule 11 of the Code of Civil Procedure
(2.) The Plaintiffs/opposite parties herein instituted a suit being Title Suit No. 196 of 1992 before the learned Munsif, 2nd Court, Malda for declaration of title and permanent injunction in respect of the property in suit against the Petitioners. The said suit was dismissed for default on May 20, 2000. Thereafter, the Plaintiffs filed another title suit, that is, Title Suit No. 213 of 2001 over the selfsame property against the Petitioners for the selfsame relief. The Petitioners are contesting the said suit and they filed an application under Order 7 Rule 11 of the Code of Civil Procedure and that application was rejected by the impugned order. Being aggrieved, this application has been preferred.
(3.) Now, the question is whether the impugned order should be sustained.;