FATIK CHANDRA PAL Vs. ANGUR MAKHAL

JUDGEMENT

(1.) The Court: The instant appeal arises from an order no. 41 dtd. 30/6/2023 passed by the Additional District Judge, Fast Track Court-I, Alipore in Title Appeal No. 62 of 2019 by which an application under Order XXII Rule 10 of the Code of Civil Procedure filed by the respondents is allowed.

(2.) At the very outset we must record that the Appellate Court should not give any indulgence to an unmeritorious proceeding and should try to nip the proceeding in bud at the stage of its admission under Order XLI Rule 11 of the Code. Simply because a statutory right is conferred to file an appeal against the impugned order, which should not give any premium that the Appellate Court should hear the matter when the point so agitated before the Appellate Court is somewhat settled by the catena of decisions rendered in this regard, more particularly, the Court should not encourage the litigation at the circumference of a procedural aspect, as we found in this case, when an application for devolution of interest under Order XXII Rule 10 of the Code is filed.

(3.) We invited the Counsel for the appellant, as we find that the ultimate decision impugned in the instant appeal does not require any interference. According to the Counsel for the appellant, the provisions contained under Order XXII Rule 10 of the Code is intended to add a new party to the proceeding and cannot apply in a situation where the party is already impleaded therein. The reliance appears to have been made on the judgment of the Apex Court in case of Jaskirat Datwani vs. Vidyavati and others, reported in AIR 2002 SC 2180 wherein it is held: