BARUN GHOSH Vs. SHANTI KUMAR GHOSH

JUDGEMENT

(1.) Heard the learned advocates for both the sides. Challenge is to the Order No.26 dated May 7, 2013 passed by the learned Civil Judge (Junior Division), Ghatal in Title Suit No.89 of 2010 thereby rejecting an application for addition of party filed by a third party.

(2.) Upon hearing the learned Counsel for the parties and on perusal of the materials on record, I find that the plaintiff/opposite party no.1 herein instituted the aforesaid suit for declaration of title and permanent injunction in respect of the suit property described in schedule 'Ka' & 'Kha' property against the opposite party nos.2 to 4.

(3.) The learned Counsel for the plaintiff has no objection if the applicant/petitioner herein is added as party as prayed for. The other opposite parties have contended that this application should be rejected in that view of the fact that, the said purchase had taken place during the pendency of the suit and so the sale is hit by Section 52 of the Transfer of Property Act.