Subrata Talukdar, J. - (1.) HEARD the parties. Sri Asit Kumar Sanyal, learned counsel for the petitioner, challenges the Order No. 46 dated 17th of September, 2008 passed by the learned Second Civil Court (Senior Division) at Barasat in Title Suit No. 33 of 2005. By the said impugned Order the learned Second Civil Court (Senior Division), Barasat, was pleased to consider the hearing of a petition filed by the plaintiff/petitioner under Order 8 Rule 10 of the Code of Civil Procedure.
(2.) THE learned Trial Court came to the conclusion that on a careful perusal of the record it is found that both the contesting defendants have already filed their written statement. In such view of the matter, the learned Trial Court further found that the provisions of Order 8 Rule 10 of the Code of Civil Procedure are not applicable to the facts of the present case.
(3.) IN such view of the matter, the learned Trial Court was pleased to reject the application filed by the petitioner/plaintiff under Order 8 Rule 10 CPC praying for rejecting the written statement filed on behalf of the defendant Nos. 1 and 3.;