Biswanath Somadder, J. - (1.) Heard the learned Advocates appearing on behalf of the parties.
(2.) This is an application under Article 227 of the Constitution of India primarily directed against an order being order No. 106 dated 30th August, 2007 passed by the learned Civil Judge (Senior Division), 1st Court, Alipur, South 24-Parganas. By the order impugned, the learned Court below was pleased to allow an application filed by the defendant being, the opposite party herein, under Order 39 Rule 7 of the Civil Procedure Code.
(3.) The facts of the case in brief as follows.;