RABI RANI BASU Vs. NARESH GOPE ALIAS GHOSH

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner/plaintiff praying for revision of the order being No. 160 dated 17.2.99 passed by the learned Civil Judge (Sr. Div.), Kalna in T.S.No. 35/1999 rejecting the application under Order 1 Rule 10 C.P.Code.

(2.) The circumstances leading to the present application are that the present petitioner/plaintiff brought T.S. No. 35/91 in the Court of learned Assistant District Judge (now Civil Judge (Sr. Div.), Kalna for declaration of title & injunction, alternatively for partition of his 5/7th share of the disputed property. On 23.12.98 he sought to implead a few persons in the category of defendants as during pendency of the said suit they became owners of the share of the property of the present O.P./defendant due to their winning the proceeding under the Restoration of Alienated Land Act, against the defendant which was rejected by the impugned order. Being aggrieved by and dissatisfied with the said order, the petitioner/plaintiff has moved this Court in revision.

(3.) All that now requires to be considered is whether the learned Court below was justified in passing the said order.