- (1.) This revisional application has been filed challenging the Order No. 34 dated 24.06.2015 passed by the Learned Civil Judge, (Senior Division), 2nd Court at Barasat.
(2.) According to the present petitioner, the plaintiff of Title Suit No. 227 of 2012 initially had filed an application for injunction under Order 39 Rule 1 and 2 of the Civil Procedure Code praying for an order restraining the (petitioner) defendant No. 10 from dispossessing the plaintiff from the suit property and for not interfering with the plaintiffs' possession. The plaintiff moved the said application and obtained an ad interim order of injunction. After getting the summon from the Learned Court below the present petitioner appeared and contested the suit by filing written statement, in which he categorically denied all the material allegations splashed against him. After appearing before the said Court the present petitioner filed an application under Order 39 Rule 4 of the Civil Procedure Code for vacating the ex-parte ad interim order and he has also filed a written objection in connection with the application for injunction. In the said application, the present petitioner made out a case that his father has lawfully purchased that suit property from Safar Ali Laskar and that the petitioner had also acquired ownership over the said property in accordance with law. He has categorically pointed out in his said petition that he had been residing at the suit property since acquisition of title. The said injunction petition was disposed of by the Learned Trial Court on 11.02.2013 and upon a contested hearing the Learned Trial Court rejected the petitioner's application under Order 39 Rule 4. Against that order he had preferred a Miscellaneous Appeal bearing No. 172 of 2013 before the Learned Additional District Judge, 2nd Court at Barasat.
(3.) Thereafter the petitioner took out an application under Order 41 Rule 27 read with Order 43 Rule 2 read with Section 151 of Civil Procedure Code for bringing on record contain document which he obtained from Bangladesh and which would reveal that Safar Ali Laskar died on 17.06.1986 and as such the plaintiffs' story that he died 1967 is false.;