JUDGEMENT
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(1.) The present application under Article 227 of the Constitution of India
is directed against the order no. 57 dated 22nd February, 2007, passed by learned
Civil Judge (Senior Division), 3rd Court, West Midnapore in Title Suit No. 3 of
2003.
(2.) Having gone through the materials on record including the impugned
order and also giving due consideration to the submission made on behalf of the
parties concerned it could be said that the plaintiff by filing the instant revisional
application has prayed for recalling and/or reviewing the order no. 56 dated
19.1.2007 and for setting aside the order impugned with a view to obtaining an
opportunity to make submission on the application under Order 6 Rule 17 of
Code of Civil Procedure. It would be manifest from the contents of the impugned
order as also from some other materials available with the record it could be
ascertained that learned trial Judge upon hearing the parties concerned and also
applying proper judicial mind was pleased to pass the impugned order by way of
rejecting plaintiff "â„¢s application under Section 151 of CPC.
(3.) Being aggrieved by and dissatisfied with the impugned order dated
22.2.2007, the plaintiff has come up before this Court with the prayer indicated
at the very outset.;
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