SIDDHARTHA CHATTOPADHYAY,J. - (1.) Challenging the legal acceptability of the Order No. 14 dated 06.05.2015 passed by the learned Civil Judge (Senior Division), Chanchal, Malda, passed in connection with Title Suit No. 24 of 2014, the defendant-petitioner has filed this revisional application contending inter alia that the learned Court below failed to construe the provision of Section 10 of CPC in its proper perspectives and as a result there is a travesty of justice.
(2.) According to the petitioner she has filed a suit before the Civil Judge (Junior Division), Chanchal at Malda claiming that the agreement dated 10.10.2012 and 27.02.2013 alleged to have been executed between the parties be declared null and void with consequential relief of temporary as well as permanent injunction in that Title Suit No. 267 of 2013. After initiation of that title suit, the defendant of that title suit, under the style of plaintiff, has filed the suit bearing Title Suit No. 24 of 2014 for specific performance of the agreement dated 17.02.2013 before the learned Civil Judge (Senior Division) Chanchal at Malda.
(3.) Therefore, the main bone of contention is the agreement dated 27.02.2013, which according to the present petitioner, has been procured by taking the chance of her illiteracy and by practising fraud upon her. The present opposite party as plaintiff has filed the suit bearing Title Suit No. 24 of 2014 for specific performance of contract in terms of agreement dated 27.02.2013.;