SALIL SAHA Vs. SANJOY BISWAS

JUDGEMENT

(1.) Challenge is to the Order No.22 dated March 23, 2006 passed by the learned Civil Judge (Senior Division), 6 th Court, Alipore in Title Suit No.11 of 2005 thereby rejecting an application under Order 1 Rule 10(2) of the C.P.C.

(2.) The plaintiff is the petitioner of this revisional application. He instituted a suit being Title Suit No.154 of 2003 (subsequently re-numbered Title Suit No.11 of 2005) praying for a decree for recovery of possession of the premises in suit and other reliefs. The defendant / opposite party is contesting the 2 said suit by filing a written statement with a counter-claim. Thereafter, the plaintiff filed an application under Order 1 Rule 10(2) of the C.P.C. praying, inter alia, for addition of one Sunil alias Sushil Ranjan Biswas as proforma defendant in the said title suit. That application was rejected by the impugned order. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.