GOUR HARI GHOSH Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) Let affidavit of service filed in Court today be kept with the record. In spite of service no one appears to contest this revisional application, when the matter is called on.

(2.) In this revisional application the petitioner has challenged Order No. 12 dated September 7, 2004 passed by the learned Civil Judge (Junior Division), Second Court at Diamond Harbour in Title Suit No. 241 of 2002, whereby the learned Trial Judge has rejected the petitioner's application filed under Order 7 Rule ll(d) of the Civil Procedure Code.

(3.) The opposite party/Bank has filed a suit under Order 35 Rule 5 of the Civil Procedure Code being Title Suit No. 241 of 2002, which is interpleader suit. It is the contention of the opposite party/bank that as one of the landlords was claiming sole ownership of the suit property, the bank's right as a tenant was required to be determined.