SAMBHUNATH GHOSH Vs. MANIKLAL GANDER

JUDGEMENT

(1.) : Challenge is to the order no.10 dated February 17, 2006 passed by the learned Additional District Judge, Sixth Court, Howrah in Title Suit No.103 of 1995 thereby rejecting an application under Order 1 Rule 10(2) of the C.P.C. The plaintiff/opposite party herein instituted a suit being Title Suit No.103 of 1995 for a decree of declaration that the plaintiff has a right as sebait in respect of the suit property as per terms of the ?Arpannama? dated May 5, 1972 and for permanent injunction restraining the defendants from invading upon and interfering with the rights and possession of the plaintiff in respect of the suit property. In that suit, Smt. Chhaya Rani Ghosh was the defendant no.6 and she is the mother of the plaintiff, Joydeb Ghosh. Subsequently, Chhaya Rani Ghosh died and the plaintiff did not take any steps for substitution. Long time thereafter, the heirs of Chhaya Rani Ghosh filed an application under Order 1 Rule 10(2) of the C.P.C. for adding as parties in the suit. That application of the applicants was rejected by the impugned order. Being aggrieved, this application has been preferred.

(2.) NOW, the point for decision is whether the impugned order should be sustained.

(3.) SO, there is nothing to interfere with the impugned order. This application is dismissed. Considering the circumstances, there will be no order as to costs.