SARMISTHA BHATTACHARYYA Vs. RAM CHANDRA PRASAD AND ORS.

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India is directed against order dated 11th of April, 2011 passed by learned Civil Judge (Senior Division), 4th Court at Alipore in Title Suit No. 173 of 2008. By the order impugned learned Trial Court rejected the application filed by present petitioner being defendant No. 3 praying for deleting her name from the cause title of the plaint under Order 1 Rule 10 (2) of the Code of Civil Procedure.

(2.) Being aggrieved with said order the instant revisional application has been filed.

(3.) It is the case of the petitioner defendant No. 3 that she was an employee of Union of India, Ministry of Law and Justice and acted as a Central Government advocate being appointed by the President of India. It is a further case that O. P. No. 1 Sri Ram Chandra Prasad was an empanelled advocate of the Central Government but he was suspended as an advocate by the Bar Council of India for a considerable period for which he was not entitled either to represent Central Government during said period in any Court of law or to claim any fees as an advocate during said period. It is further case of the petitioner/defendant No. 3 that O. P. No. 1 as plaintiff filed a false money suit being No. 173 of 2008 against defendant No. 1, the Union of India, defendant No. 2 Rathindranath Bandopadhay, Joint Secretary and Senior Central Government advocate, Government of India, Ministry of Law and Justice and Company Affairs and against the present petitioner being a Central Government advocate, Government of India, Ministry of Law and Justice and Company Affairs. In said money suit it was falsely alleged that due to illegal acts and/or intervention of defendant No. 2 and 3 the plaintiff (O.P. No. 1) was not paid his legitimate dues and the plaintiff was not also given briefs on behalf of Union of India causing huge professional loss to the plaintiff. It is further case of the petitioner that she was wrongly and illegally arrayed as a defendant in said money suit and that too in her official capacity. According to the petitioner, as she has already retired from Government service with effect from afternoon of 31st March, 2011 vide Government of India Notification dated 31st of March, 2011 she filed an application under Order 1 Rule 10(2) of the Code of Civil Procedure in the Trial Court for expunging her name as she was no longer in service after said superannuation. As learned Trial Court rejected said petition without any cogent ground, the instant application for revision has been filed.