Prasenjit Mandal, J. - (1.) CHALLENGE is to the order no.53 dated July 6, 2000 passed by the learned Civil Judge (Senior Division), Second Court, Howrah in Title Suit No.222 of 1997 thereby allowing an application under Section 10 of the Code of Civil Procedure.
(2.) THE plaintiff/petitioner instituted a suit being Title Suit No.222 of 1997 praying for declaration that the deeds of gift executed by Promila Sundari Mazumdar in favour of the opposite party are void, fraudulent, inoperative and not binding upon the plaintiff and for further declarations. THE opposite party is contesting the said suit by filing a written statement. THEreafter, she filed an application under Section 10 of the C.P.C. for stay of the suit till disposal of a title appeal being T. A. No.162 of 1994 and a second appeal being S.A. No.540 of 1991. That application for stay was allowed by the impugned order. Being aggrieved, the plaintiff has filed this revisional application. Now, the point for consideration is whether the impugned order should be sustained. Upon hearing the learned counsel for the parties, on going through the materials on record and also the written arguments filed by the parties, I find that several factors are involved in the matter. The short history of such facts is necessary for proper appreciation of the matter. One Ajit Bandhu Mazumdar and his wife, Promila Sundari Mazumdar purchased lands to the extent of 8 decimals and 3 decimals respectively by separate registered deeds dated January 11, 1960. Thereafter Ajit Bandhu Mazumdar and Promila Sundari Mazumdar dedicated the said properties in favour of Sree Sree Iswar Gopal Jew Thakur and Kuladevi Iswar Manasamata Thakurani by a deed of Arpannama dated May 15, 1973 for holding daily sebapuja for Sree Sree Iswar Gopal Jew Thakur and annual festival for Kuladevi Iswar Manasamata Thakurani. Ajit Bandhu Mazumdar became the first sebait and after his death, his wife Promila Sundari Mazumdar became the next sebait.
(3.) AJIT Bandhu Mazumdar died in July 1982. Thereafter, On April 6, 1983, Promila Sundari Mazumdar executed a deed declaring that the properties of the deities as secular properties. Promila Sundari Mazumdar was not satisfied with such steps and she filed a suit being Title Suit No.223 of 1983 before the First Munsif, Howrah impleading the deities represented by Promila Sundari Mazumdar as defendant. It may be noted herein that surprisingly Promila Sundari Mazumdar brought the suit against the deities represented by her also, that is, nobody had any chance of knowing what was going on. In this way, Promila Sundari Mazumdar got an ex parte decree of the said suit on November 30, 1983 to the effect that she was the owner of the properties in suit. When such matter came to light, Gopal Bandhu Mazumdar, the youngest brother of Ajit Bandhu Mazumdar, instituted a suit being Title Suit No.23 of 1984 against Promila Sundari Mazumdar praying that the ex parte decree obtained in Title Suit No.223 of 1983 and the deed of declaration executed by Promila Sundari Mazumdar are void, ab initio and not binding upon the plaintiff. On the prayer of the plaintiff, an order of status quo was passed in the said suit.;