MIHIRLAL GHOSH DASTIDAR Vs. ILA ROY

JUDGEMENT

(1.) This is a revisional application at the instance of proforma Opposite Parties Nos.3 and 4 in the preemption application, and they have challenged Order No.71 dated April 21, 2007, passed by the learned Civil Judge (Junior Division) Second Court, Serampore, in Pre-emption Miscellaneous Case No.100 of 1986. By the Order impugned the learned Judge has rejected petitioners' application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure seeking for their transposition in the category of petitioners in the Pre-emption Application.

(2.) Order dated 26th July, 2007 reveals that Mr. Amlan Mukherjee entered appearance for Opposite Party No.1, the Principal Opposite Party, who is not present even at the second call. Mr. Anit Kumar Rakshit appearing in support of the revisional application submits that the matter is ready as regards service. He further submits that Gosailal Ghosh Dastidar, the applicant for pre-emption died and in his place Opposite Parties Nos.2, 3 and 4 were substituted. Proforma Opposite Party No.5 in the revisional application is the Opposite Party No.2 in the Miscellaneous Case pending before the learned Court below. The said substituted Opposite Parties Nos.2 and 3 also died and their death have been duly recorded by Order of this Court.

(3.) Mr. Rakshit appearing in support of the Civil Revisional Application submits that the predecessor of the Opposite Parties Nos.2 to 4 herein, namely, Gosailal Ghosh Dastidar filed an application initially under Section 24 of the West Bengal Nonagricultural Tenancy Act and prayed for pre-emption of the disputed land described in the Schedule to the pre-emption application, in the Court of the learned Munsif, Second Court, Serampore. An application for amendment was made and the application under Section 24 of the Non-agricultural Tenancy Act was allowed to be converted into one under Section 8 of the West Bengal Land Reforms Act, 1955. Such application for amendment was filed by the petitioner in the pre-emption case in 2002. The preemption application did not really proceed before 2002 until the amendment was allowed converting the application under Section 24 of the Non-agricultural Tenancy Act into one under Section 8 of the West Bengal Land Reforms Act, 1955.