MANASI PANI Vs. BASANTA KUMAR PANI

JUDGEMENT

(1.) This revisional application was directed against Order No. 41 dated June 22, 2010 passed by the Civil Judge (Junior Division), Dantan Midnapore (West) in Title Suit No. 143 of 2005 on an application under Order 1 Rule 10 (2) of the Code of Civil Procedure, 1908. By the order impugned the learned Judge dismissed the application. In a suit for declaration of title and injunction in respect of an immovable property, the petitioner herein as applicant applied for adding herself as a party under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908. The plaintiff did not contest such application by filing a written objection. In the course of hearing, as noted by the order impugned, the learned Advocate for the plaintiff admitted that, the petitioner was required to be added as a party in the suit.

(2.) There were two previous suits, the result of which may be material for the purpose of disposal of the present suit. The petitioner herein claimed to have purchased 32.5 decimal in the suit property. The petitioner claimed to be a co-sharer of the suit Plot No. 1064. By the order impugned the learned Judge questioned the claim of the petitioner that she was a co-sharer of Plot No. 1064.

(3.) Under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 the Court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that a party who ought to be joined, whether as plaintiff or defendant, or whose presence before the Court was necessary in order to enable the Court effectually and completely adjudicate upon and settle all questions involved in the suit, be added. The petitioner established prima facie interest in the suit property.