NARAYAN CHANDRA DAS Vs. SHYAM RAY JEW THAKUR

JUDGEMENT

(1.) This application is directed against the order no.85 dated November 21, 2008 passed by the learned Civil Judge (Junior Division) at Dantan, District : Paschim Medinipur in Title Suit No.7 of 1998 thereby rejecting two petitions one under Order 1 Rule 10(2) of the Code of Civil Procedure for exemption of the present plaintiffs from the suit and the other for addition of parties under Order 1 Rule 10(2) of the C.P.C.

(2.) The short fact of the case is that the opposite party no.1 instituted the title suit no.7 of 1998 before the learned Civil Judge (Junior Division) at Dantan praying for declaration of right, title and interest of Sri Sri Shyam Ray Jew Thakur and also for injunction restraining the defendants from disturbing the peaceful possession and enjoyment of the plaintiffs in the suit property. During pendency of the suit, the plaintiffs filed the application under Order 1 Rule 10(2) of the C.P.C. stating, inter alia, that owing to their attaining old age and suffering from various ailments, they had transferred their right of sebaitship in favour of their sons. So, they wanted to be exempted from proceeding with the suit. At the same time, the petitioners filed the application under Order 1 Rule 10(2) of the C.P.C. praying for addition as plaintiffs in the suit instead of existing plaintiffs because they got the sebaitship by dint of a registered deed no.604 dated 17.04.2008.

(3.) The opposite parties are not contesting the application.