MARIE FRANSISCA MAGNO ADVANI Vs. ASHIM KUMAR DUTTA

JUDGEMENT

(1.) In the instant revision, the petitioners have challenged the following two orders, firstly, an order of the Judge Bench-II, Presidency Small Causes Court, Calcutta dated July 28, 2025 in Ejectment Suit No. 192 of 2016 and secondly, a judgment and order dated September 24, 2025 in Civil Revision Case No. 2 of 2025 by the Chief Judge, City Civil Court, Calcutta.

(2.) The petitioners ' grievance inter alia is as follows: - The petitioners are the legal heirs and successors of the original defendants in the Ejectment Suit No. 192 of 2016. That, the petitioners filed four successive prayers in the said suit before the learned Trial Court. Vide the petition dated May 10, 2024, the petitioners/defendants prayed for recall and/or modification of the Court 's order dated July 15, 2023. The order dated July 15, 2023 by the Judge Bench-II, Presidency Small Causes Court, Calcutta was to direct addition of the Administrator General, Government of West Bengal, as a party in place of defendant No. 2 in the said suit. That order was passed by the learned Trial Court by allowing an application under Order I, Rule 10(2) filed by the present opposite party/plaintiff, before the learned Trial Court.

(3.) The second application of the petitioner before the learned Trial Court was that under Sec. 151 of the Code of Civil Procedure dated February 12, 2021 in which the petitioner/defendant prayed for a direction upon the plaintiffs to restore possession of the defendant tenants in respect of godown/servants ' quarter situated on the ground floor at the rented premises, in its original condition for use and occupation by the said defendants.