PRASENJIT MANDAL,J. - (1.) Heard the learned advocates for both the sides.
(2.) This application is at the instance of the plaintiffs and is directed against the order No. 49 dated 15.11.2011 passed by the learned Civil Judge (Senior Division), 4th Court at Alipore in Title Suit No. 31 of 2007, thereby rejecting an application under Order 1 Rule 10(2) of the Civil Procedure Code.
(3.) The short fact is that the plaintiffs/petitioners herein instituted a suit for partition and the defendants/opposite parties herein are contesting the said suit. Both the parties have adduced evidence and said suit was at the stage of hearing argument. At this stage, the plaintiffs filed an application under Order 1 Rule 10(2) of the Civil Procedure Code and that the application was rejected by the impugned order. Being aggrieved, this application has been preferred.;