21.08.2026 Court No.13 Item Nos. 3 sp RVW 109 of 2026 With CAN 1 of 2026 In F.A.T. 39 of 2015 Sri Dhirendranath Maity Vs. Ganesh Chandra Mahapatra & Ors. Mr. Sufi Kamal, Ms. Shireen Hossain. … for the applicant. Mr. Atanu Chakraborty, Mr. Apratim Bhattacharya, Ms. Rimi Ghora. ..for the respondent nos. 1 to 5. 1. Review is sought of this Court’s order dated 25th February, 2026 passed in F.A.T. 39 of 2015 on, inter alia, the grounds that certain title deeds already sought to be brought on record under Order 41 Rule 27 of the Code have not been considered. 2. This Court, however, notes that the suit before the Trial Court was for partition and there was prayer for declaration and permanent injunction. This Court agreed the findings of the Trial Court on several grounds. This Court did not feel the need to look into the additional documents produced by the plaintiff/review applicant. 3. In that view of the matter, this Court does not find any error on the face of record. 4. It is now well-settled that the suit for partition can be filed despite an earlier decree, dismissing the earlier suit for want of addition of parties and production of proper documents. Such former 2 judgment would not operate as res judicata in a subsequent proceeding. 5. In that view of the matter, the findings of the Trial Court shall not stand in the way of the plaintiff/review applicant to institute a fresh suit by adding proper parties and producing all necessary documents. 6. With the aforesaid observations, RVW 109 of 2026 shall stand disposed of. 7. Consequently, CAN 1 of 2026 shall also stand disposed of. 8. There shall be no order as to costs. 9. Urgent certified copies of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rajasekhar Mantha, J.) (Md. Shabbar Rashidi, J.)