GOPAL CHANDRA MANNA Vs. SRIDAM HALDAR

JUDGEMENT

(1.) THIS application is at the instance of a petitioner and is directed against the order dated August 16, 2010 passed by the learned Civil Judge (Senior Division), First Court, Howrah in Title Suit No.83 of 2009.

(2.) THE petitioner herein instituted an Other Suit No.53 of 2006 before the learned Civil Judge (Senior Division), First Court, Howrah praying for a decree of declaration of partition, injunction, etc. and the said suit is still pending for disposal.

(3.) NOW the point is whether the said decision of dismissal of the application for addition of party should be sustained. Upon hearing the learned counsel for the parties and on going through the materials on record, I find that the Title Suit No.83 of 2009 relates eviction of a tenant by his landlord. So, that is a pure dispute between a landlord and a tenant and in that suit, Sri Sridam Halder, claimed as landlord in respect of the suit property. That suit is at the stage of hearing argument. At that time, the petitioner filed the application for addition of parties. So, from the above facts and circumstances, it is clear that the object of the petitioner is nothing to delay the completion of the trial of that suit anyhow. If the plaintiff of that suit does not come within the provisions of definition of landlord so far as the relief sought for against the tenant, the suit was likely to fail and for that reason, the plaintiff may not be a necessary party. Therefore, I am of the view that the learned Trial Judge is quite justified in rejecting the application for addition of parties at the belated stage.