SAHADEB KUNDU Vs. JOGESH SHEKHAR MUKHOPADHYAY

JUDGEMENT

(1.) This revisional application is directed against the impugned order, No. 334 dated 15.5.91, passed by the learned 3rd Assistant District Judge, Howrah, in Title suit No. 55/1992, rejecting the application of the petitioners herein, under Order 1 Rule 10(2) read with section 151 of the Code of Civil Procedure, praying for adding them as parties in the said Title Suit and for directing the Advocate Survey Commissioner to demarcate the portions of the properties of the applicants.

(2.) In a brief profile, the fact of the case, as delineated in the present revisional application, is that in a partition suit by Sri Jogesh Shekhar Mukhopadhyay and Sri Sasanka Sekhar Mukhopadhyay, opposite parties No. 1 and 2 herein, against their elder brother, Ashesh Shekhar Mukhopadhyay, in respect of 'Ka' and 'Kha' schedule immovable properties and 'ga' schedule movable properties to the plaint, in the Court of 3rd Assistant District Judge, Howrah, which was registered as Title Suit No. 55 of 1992 in that Court, a preliminary decree was passed, on compromise, on 30th January, 1968, declaring that the plaintiff No. 2, Sasanka Shekhar Mukhopadhyay had share in 'ka' and 'ga' schedule properties, and plaintiff No. 1, Sri Jogesh Sekhar Mukhopadhyay, and the defendant Sri Ashesh Sekhar Mukhopadhyay each had share in 'ka' schedule properties and 1/3 in 'kha' and 'ga' schedule properties.

(3.) During the pendency of the suit, Ashesh Sekhar Mukhopadhyay died sometime in 1980, leaving behind him his widow Smt. Prativa Mukhopadhyay as his sole surviving heir and legal representatives.