SADHANA SAHA Vs. PRANATI SHINGHA BIST

JUDGEMENT

(1.) This is an application under Order 1 Rule 10(2) read with Section 108 of the CPC for addition of the applicants as the appellant No. 1(d) and 1(e) as the legal heirs of Raiharan Saha as their names were not incorporated in the memorandum of appeal for inadvertence and dislocation of records.

(2.) The suit being Title Suit No. 67 of 1971 instituted by Capt. Quar Bahadur Shingh where one Rai Haran Saha was the principal defendant No.1, and that suit was allowed by the judgment and decree dated 29.05.1992. The defendant No.1 along with other defendants filed an appeal under Section 96 read with Order XLI Rule 11 of the CPC against the said judgment and decree dated 29.05.1992. During pendency of the said appeal being Title Appeal No. 31 of 1992 in the court of the District Judge, West Tripura, the legal heirs of Raiharan Saha apprised the court that he passed away and by the order dated 07.07.1999, his legal heirs namely Jyotsna Rani Saha(wife), Shri Anil Saha(son), Shri Nikhil Saha(son), Shri Ajit Saha(son) and Shri Abhijit Saha(son) were substituted as the appellants No. 6, 7, 8,9 and 10 respectively.

(3.) Mr. P. Chakraborty, learned counsel appearing for the applicants has now submitted that after death of Raiharan Saha, brother of the petitioner was impleaded in the said title appeal as the substituted appellant and the appeal was dismissed and one Sunil Chandra Saha preferred RSA No. 80 of 2007. By the order dated 02.02.2010 passed in CM Application No.41 of 2009 on death of said Sunil Chandra Saha, Smti Chinu Rani Saha(wife), Sri Subhasis Saha(son) and Smti Sonali Poddar(daughter) were substituted. Mr. P. Chakraborty, learned counsel has further submitted that after death of Raiharan Saha the applicants' names were not added or substituted in the appeal as well as in the Second Appeal. Unless their names are added in the cause title of RSA No.80 of 2007, they might lose their propriety right over the suit land. In this circumstances, this application for their addition has been preferred.