MD MOAZZAM Vs. SWAPAN KR SADHUKHAN

JUDGEMENT

(1.) ORDER dated 16th September, 2010 passed by the Ld. 4th Civil Court (Junior Division) at Howrah in Title Suit (for short T.S.) no.208 of 2006 in the matter of Swapan Kr. Sadhukhan vs. Howrah Municipal Corporation is under challenge in the present revisional application.

(2.) BY the said order impugned the Ld. 4th Civil Court was pleased to consider the application filed by the petitioner in connection with T.S. no.208 of 2006 under Order 1 Rule 10(2) CPC for adding herself as a party -defendant in the said Title Suit. In her application under Order 1 Rule 10(2) CPC filed through her constituted attorney the petitioner contended that she is a necessary party to the suit having purchased 21 cottahs of land in holding no.141, Salkia School Road, P.S. - Golabari, Dist. - Howrah in an auction sale in connection with Title Execution Case no.18 of 1957. It was further contended by the petitioner that her property was acquired by HIT, but no award has been yet paid to her. Claiming herself to be the lawful owner of the suit property the petitioner wants to be impleaded.

(3.) IN his written objection to the application under Order 1 Rule 10(2) CPC, the present Opposite Party 1(for short O.P. 1) - plaintiff objected to such impleadment on the ground that the petitioner has no manner of right, title and interest to the suit property. The O.P.1 -plaintiff claims to be the exclusive owner and prays for a decree in connection with T.S. no.208 of 2006. The Ld. 4th Civil Court was pleased to consider and hold that prima facie the petitioner is found to be one of the assessees in relation to the acquisition of the suit property being L.A. Case no. XI/34 of 1968 -69.