SISIR KUMAR DAS Vs. ABDUL SALAM KHAN

JUDGEMENT

(1.) This application is at the instance of a third party and is directed against the order dated 30.08.2007 passed by the learned Civil Judge (Senior Division), Third Court, Howrah in Title Suit No.39 of 1998 thereby rejecting the application for addition as parties in the Title Suit No.39 of 1998 filed by the plaintiff/opposite party no.1.

(2.) The brief fact is that the plaintiff/opposite party no.1 instituted the Title Suit No.39 of 1998 before the learned Civil Judge (Senior Division), Third Court, Howrah against the opposite party nos.2 to 4 for specific performance of contract and also a decree for declaration and injunction in respect of certain immovable property. In that suit, the applicant filed an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure praying for addition of parties on the ground that they are the co-sharers of the suit property and they have filed the Title Suit No.117 of 1995 for partition. As such, he has prayed for addition of parties in the suit. His application having been rejected, the petitioner has preferred this revisional application.

(3.) Mr. Karar, the learned Advocate for the petitioner, submits that by purchase he has become a co-sharer of the suit property and for effective partition of the suit property, he filed the suit for partition. Subsequently, he came to know that the opposite party no.1 filed the Title Suit No.39 of 1998 for specific performance of contract for sale of immovable properties. The intending sellers had no capacity to sale more or less 8 cottahs of land as claimed by the plaintiff. They are also co- sharers by purchase and so he should be added as a party to the suit.