SMT. SNIGDHA BANERJEE Vs. SRI MONOJILAL SEAL

JUDGEMENT

(1.) This revisional application under Sec. 115 of the Code of Civil Procedure is at the instance of the plaintiffs in a suit for declaration and injunction and is directed against Order No. 33 dated Jan. 27, 2000 passed by the learned Civil Judge, Senior Division, 1st Court, Howrah in Title Suit No. 67 of 1997 thereby allowing an application under Order 1 Rule 10 of the Code of Civil Procedure filed by the opposite party No. 3.

(2.) The present petitioners filed the aforesaid Title Suit No. 67 of 1997 in the Court of Civil Judge, Senior Division, 1st Court, Howrah against opposite party Nos. 1 and 2 for declaration of their tenancy right and for permanent injunction. Subsequently, the opposite party No. 3 filed a suit being Title Suit No. 79 of 1997 in the same Court of Civil Judge, Senior Division, Howrah thereby praying for declaration of tenancy right over the selfsame property and for "confirmation of possession" by evicting the petitioners and the other two opposite parties herein from the suit property. As mentioned above, in the second suit, the present petitioners were made defendants along with opposite party Nos. 1 and 2.

(3.) Subsequently, the opposite party No. 3 came forward with an application under Order 1 Rule 10 of the Code, for being added as defendant in the earlier suit filed by the present petitioners against the admitted owners of the property. By the order impugned herein the learned trial Judge has allowed such application. Being dissatisfied, the plaintiffs of the first suit has come up in revision.