ASIT ROY ALIAS ASITBARAN ROY Vs. SUMITA DUTTA

JUDGEMENT

(1.) CHALLENGE is to the order dated June 14, 2010 passed by the learned Civil Judge (Junior Division), 3rd Court, Sealdah in Title Suit No.34 of 2007 thereby allowing an application under 1 Rule 10(2) of the C.P.C.

(2.) THE question involved in this suit is whether in suit for decree of declaration that the plaintiff is a co-sharer of the suit property and for permanent injunction restraining the defendants, may add other persons as parties to the suit.

(3.) UNDER the above circumstances, if the prayer of the plaintiff is allowed, the scope of the matter of dispute between the parties would be enlarged. There will be no limit of adjudication because the promoters are not the co-sharers at all in respect of the property in suit. So, if the proposed prayer for addition of parties is allowed, the effect will be the suit shall be kept pending for an unending period.