KRISHNA DAS ROY Vs. HARISANKAR MISHRA

JUDGEMENT

(1.) Heard Mr. D. Chakraborty, learned senior counsel assisted by Mr. H. Laskar, learned counsel appearing for the petitioner as well as Mr. D.C. Roy, learned counsel appearing for the respondent No.1.

(2.) Mr. D.C. Roy, learned counsel appearing for the solerespondent has at the first instance raised objection as to exclusion of the parties in the proceeding pending in the court below. It is not in dispute the following persons are the opposite parties in the proceeding under reference but they have not arraigned as the party in this proceeding before this court :

(3.) According to Mr. D.C. Roy, learned counsel this petition should be thrown out for the above reason without further consideration. In response to this preliminary objection, Mr. D. Chakraborty, learned senior counsel appearing for the petitioner has submitted that none of those proforma-opposite parties did contest the plea raised by the petitioner in Misc. Case No. 47 of 2012. No doubt, the petitioner had obligation to add all the parties including the proforma opposite parties as the parties notwithstanding that they did not contest the petitioner.