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Judgment
@JUDGMENT-JUDGMENT
Mr. Das, learned advocate appears on behalf of petitioners in support of this petition made under article 227 of the Constitution of India. He submits, the Civil Judge (Junior Division), 1st Court, Alipore misdirected himself in requiring his client to clarify maintainability of the suit and directing that till such clarification is given, process will not be issued.
It appears, plaintiff has filed the suit for declaration of title on adverse possession, against the owner. The complained against observation and direction are reproduced below:
"On the basis of the above observation, the plaintiff is hereby given liberty to clarify the maintainability of the present suit before this Court.
Till such clarification, the office of this Court is directed not to issue any process in this suit until further order."
Court sees the observation and the direction to be a request by the learned Judge, as made to the party, to give a clarification. The direction not to issue process was only made to require petitioners to give the clarification.
Petitioners will approach the learned Judge with a petition enclosing this order and give the clarification sought. On such clarification tendered, the learned Judge will deal with the suit as per procedure in the Code of Civil Procedure, 1908.
Mr. Das submits that certain further orders have been passed. Be that as it may, the learned Judge will consider the clarification and proceed afresh on the suit as expeditiously as possible.
This petition and the connected application are disposed of.