Harish Tandon, J. - (1.) THIS revisional application is directed against an order dated 20.3.2007 passed by the Additional District & Sessions Judge, Contai, Purba Medinipur in Civil Revision No. 1 of 2007 by which an application for stay of all further proceedings in Title Suit No. 288 of 1997 was rejected.
(2.) THE Opposite Party No. 2 instituted Title Suit No. 288 of 1997 praying for declaration of his right, title and interest in respect of a suit property and also decree for permanent injunction restraining the petitioners and the proforma opposite parties from creating any disturbances in peaceful possession thereof. It is a specific case of the Opposite Party No. 1 that one Sher Ali Saha was the original owner of the suit property. Upon the death of the said owner the suit property devolved upon his three sons, who thereafter transferred the suit property by executing and registering a deed of conveyance dated 2nd May, 1960 in favour of the Opposite Party No. 1. The petitioner and the proforma opposite parties are the grand-children of the said Sher Ali Saha, the original owner of the suit property. During the pendency of the said suit the defendant No.3 namely Apa Bibi died and the factum of the said death was intimated to the Trial Court on 15.4.2000.
(3.) HOWEVER, an application under Order 22 Rule 9 of the Code of Civil Procedure read with section 5 of the Limitation Act was filed by the Opposite Party No. 1 which was registered as Judicial Misc. Case No. 4 of 2004. The said application was opposed by the petitioners and the proforma Opposite Party No. 2, by filing a written objections. The Trial Court allowed the said application under Order 22 Rule 9 of the Code after setting aside the abatement upon condoning the delay in taking out such application within the statutory period prescribed for the same.;