DEV ALL PRIVATE LIMITED Vs. MD ZAHIR HOSSAIN

JUDGEMENT

(1.) AFFIDAVIT of service filed by the petitioner be kept with the record.

(2.) THIS revisional application is at the instance of the defendant No. 1/petitioner and is directed against the Order No. 119 dated 16.04.2012 passed by the learned Xlth Judge, City Civil Court at Calcutta in Title Suit No. 194 of 1992 thereby allowing an application under Order 22 Rule 3 of the Code of Civil Procedure.

(3.) THE defendant No. 1 the petitioner herein is contesting the said suit. During the pendency of the said suit, the plaintiffs filed an application under Order 22 Rule 3 of the Code of Civil Procedure stating, Inter alia, that the plaintiff No. 5 died and so, the learned Advocate filed the application for substitution. That application was taken up for hearing on 16.04.2012 and it was allowed on that day without giving any opportunity to the defendant/petitioner to file any objection. Being aggrieved, this application has been preferred.