KWALITY RESTAURENT Vs. KALPANA SADHUKHAN

JUDGEMENT

(1.) CHALLENGE is to the Order No.12 dated February 28, 2008 passed by the learned Civil Judge (Junior Division), 2nd Court, Alipore in Ejectment Case No.68 of 2006 thereby rejecting an application under Order 1 Rule 10 of the C.P.C.

(2.) THE applicant filed an application under Order 1 Rule 10 of the C.P.C. for adding it as a defendant in the Ejectment Case No.68 of 2006 lodged by the plaintiffs / opposite parties herein against the defendants / opposite parties. That application was rejected by the impugned order by the learned Trial Judge. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order is sustainable.

(3.) MR. Roy appearing on behalf of the applicant has referred to the decision of Kamta Prasad and ors. v. Smt. Vidyawati and ors. reported in AIR 1994 Madhya Pradesh 181, the decision of Hiran Bala Debi v. Prodyut Kumar Mondal reported in 1991(1) CLT 32, and the decision of Devi Dayal Dixit v. M/s. Rashtriya Electrical and Engineering Co., reported in AIR 1983 Delhi 432.