- (1.) The present case arises out of an application under Article 227 of the Constitution of India and it is directed against the order No. 19 dated 5th May, 2001 passed by the learned Judge-cum-Additional Sessions Judge, Cooch Bihar in Misc. Appeal No. 11 of 1999 arising out of Title Suit No. 17 of 1997 pending before the learned Court of Munsif, Dinhata, Cooch Bihar.
(2.) The backdrop of the present case may briefly be stated as follows : The petitioner, as plaintiff, filed a suit for declaration and permanent injunction. The basis of his claim was that he applied for M. R. Dealership on 18th November, 1992 to the Sub-Divisional Controller, Food and Supplies Department, Cooch Bihar and the said authority made proper enquiry through the officials of Dinhata in respect of all the applicants including the petitioner/plaintiff. On enquiry the officials of the said defendant No. 1 found that the plaintiff is the best and fittest candidate amongst all. On the basis of such enquiry report, the plaintiff sought for declaration that he is entitled to be appointed as M. R. Dealer at Petla Adabari at Dinhata as well as declaration that the defendant Nos. 5 and 6 in the suit are entitled to be appointed as M. R. Dealers for the said area. In the said suit the present petitioner as plaintiff also prayed for permanent injunction restraining the defendants from appointing the defendant Nos. 5 and 6 as M. R. Dealers for the said are as well as for other reliefs. In response to an application under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure filed by the present petitioner, the learned Trial Court refused to grant interim injunction in favour of the present petitioner/plaintiff.
(3.) Being aggrieved by and dissatisfied with such order of refusal the petitioner/plaintiff as appellant filed the aforesaid Misc. Appeal being 11 of 1999. At the time of hearing of the said misc. appeal the present plaintiff/ petitioner filed an application dated 9th January, 2001 before the learned Appellate Court praying for calling for a certain document dated 7th April, 1999 from the Cooch Bihar Zilla Parishad. The learned Appellate Court after due consideration of all relevant materials rejected the said application dated 9th January, 2001. The present application under Article 227 of the Constitution of India has been filed against the said order of rejection dated 5th May, 2001.;