BISWAJIT PAUL Vs. MENOKA PAUL & ORS

JUDGEMENT

(1.) This First Miscellaneous Appeal is directed against an order being No. 31 dated 27th September, 2013 passed by the Learned Judge, 2nd Bench, City Civil Court at Calcutta in Title Suit No. 4694 of 2009 allowing the application of the plaintiffs under Order 22 Rule 10 of the Code of Civil Procedure.

(2.) It is alleged by the plaintiffs in the said application that the plaintiff no. 1 being the mother and the plaintiff no. 4 being the sister, gifted their undivided interest in the immovable properties in favour of the plaintiff no.3 viz. Smt. Minakshi Kundu during the pendency of the suit. Accordingly, leave was sought for allowing the plaintiff no. 3 to proceed with the suit by representing the plaintiff nos. 1 and 4 as their interest devolved upon the plaintiff no.3 during the pendency of the suit by virtue of those two deeds executed by the plaintiff no.1 and the plaintiff no.4 respectively. They also prayed for expunging the plaintiff no. 4 from the cause title of the plaint.

(3.) The Learned Trial Judge was pleased to allow the plaintiffs' said application. Thereby the name of the plaintiff no. 4 was expunged from the cause title of the plaint and the leave was granted to the plaintiff no. 3 to proceed with the suit by representing the interest of the plaintiff no. 1 and the plaintiff no.4.