SUBHRO KAMAL MUKHERJEE. J. - (1.) This is an application under Article 227 of the Constitution of India against order dated February 3, 2005 passed by the Learned Civil Judge (Senior Division), Tenth Court at Alipore, District: South 24 Parganas in Title Suit No. 13 of 2004.
(2.) Mr. Dipankar Ghosh, learned advocate appearing for the petitioner and Mr. Asish Kumar Das, learned advocate appearing for the opposite parties submit that initially the suit was instituted in the year 1990 in the court of the Learned Civil Judge (Senior Division), Eighth Court at Alipore and was registered as Title Suit no. 9 of 1990. On transfer to the court of the Learned Civil Judge (Senior Division), Tenth Court at Alipore the suit has been renumbered as Title Suit No. 13 fo 2004.
(3.) Therefore, it is an admitted position that the suit was instituted prior to coming into operation of the amendments of the Code of Civil Procedure as amended by the Code of Civil Procedure (Amendment) Act, 1999 and 2002.;