TUSHARMOY DASGUPTA Vs. AMARNATH DAS

JUDGEMENT

(1.) THIS application is at the instance of the applicant and is directed against the order no.12 dated September 13, 2010 passed by the learned Civil Judge (Junior Division), Fourth Court, Alipore in Ejectment Suit No.333 of 2009.

(2.) THE short fact is that the plaintiffs/opposite parties herein instituted a suit for eviction against the opposite party nos.6 & 7 for eviction in respect of the properties, as described in the schedule of the plaint. THE plaintiffs contende3d that the predecessor-in-interest of the opposite party nos.6 & 7, namely Jyostshamoy Dasgupta, since deceased, was inducted as a tenant and after his death, the tenancy devolved upon the opposite party nos.6 & 7 being his wife and son. THE defendants sub-let the suit property in favour of a third person and the defendants have their own accommodation at premises no.7, Park Side Road. That is why, the suit for eviction was filed. THE opposite party nos.6 & 7 are contesting the said suit by filing a written statement. THE applicant filed an application under Order 1 Rule 10 of the Code of Civil Procedure contending, inter alia, that he was also a joint tenant in respect of the suit property with the said Jyostshamoy Dasgupta and for that reason he has wanted to be impleaded as a party to the suit. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) THIS being the position, I am of the view that the learned Trial Judge is perfectly justified in rejecting the application under Order 1 Rule 10 of the C.P.C. So, there is no merit in this application. Accordingly, the application is dismissed. Considering the circumstances, there will be no order as to costs. Urgent xerox certified copy of this order, if applied for, be supplied to the learned Advocates for the parties on their usual undertaking.