SABYASACHI BHATTACHARYYA,J. - (1.) The present revisional application has been filed against the dismissal of an application under Section 114 of the Transfer of Proper Act, 1882, primarily on the ground that a similar application had been rejected earlier.
(2.) It appears that previously the predecessor-in-interest (father) of the petitioner had filed a similar application with the same prayer as the application-in-question, which was rejected on March 3, 2017 by the trial court as "not pressed".
(3.) Learned senior counsel for the petitioner argues that such dismissal was not on merits and as such does not preclude the petitioner, who was subsequently substituted in place of his father in the suit, from filing the present application under Section 114 of the said Act of 1882.;