- (1.) This application is at the instance of the plaintiffs and is directed against the order No. 99 dated April 17, 2007 passed by the learned Civil Judge (Junior Division), Third Court, Tamluk in Title Suit No.164 of 1996 thereby rejecting an application dated March 6, 2007 filed by the plaintiffs.
(2.) The short fact is that the plaintiffs instituted a suit being the Title Suit No.164 of 1996 for declaration, framing of a scheme, injunction and other reliefs against the defendants/opposite parties herein before the learned Civil Judge (Junior Division), Tamluk. The defendants are contesting the said suit by filing a joint written statement. Thereafter, issues were framed and the parties were to adduce evidence. While the P.W.2 was being examined-in-chief on January 8, 2006, a sebait Niyogpartra dated October 3, 1971 was shown to him asking the question whether the said Niyogpatra bears his signature or not was put to the witness. The recording was to this effect "this is my signature on the Niyogpatra dated October 3, 1971" marked exhibit 6. The contention of the plaintiffs is that this witness has stated that the said signature appearing thereon was not at all his signature and it would be evident from the trend of the cross-examination. That is why, he filed an application dated March 6, 2007 for rectification of the mistake committed by the learned Trial Judge. That application was rejected. Being aggrieved, this application has been preferred.
(3.) Now the point for consideration is whether the impugned order could be sustained.;