JAGAT ENTERPRISES Vs. ANUP KUMAR DAW

JUDGEMENT

(1.) This Rule is directed against order No. 7 dated September 11, 1975, passed by the learned Judge, Ninth Bench, City Civil Court, Calcutta, in a suit for recovery of possession of the suit premises. By the impugned order the Petitioner's petition under Order 1, Rule 10 of the Code of Civil Procedure dismissed. The case in plaint is as follows:

(2.) It appears that an application was filed in the said suit by the Petitioner before us stating that under the terms of the lease Chattar Singh was entitled to use the suit premises for office purpose and also to accommodate therein company or firm in which he himself or his associates were interested without in any way affecting the terms of the said lease. It was further stated that the Petitioner was accommodated on the basis of the right referred to above and Chattar Singh was interested in the Petitioner firm as his relative was a partner therein. Further, after the death of Chattar Singh the Petitioner paid all amount of rent on behalf of his heir and rent upto September 1970 was cleared. Thereafter, though the rent was tendered within the prescribed time the said opposite parties refused to accept the same from the Petitioner. It was, further, stated that the Defendant opposite party No. 3 did not enter appearance in the suit and was acting in collusion with the Plaintiffs to create trouble on account of family dispute. The suit was also fixed for ex parte hearing and in these circumstances the Petitioner made an application for being added as party Defendant to the suit and to contest the same by filing a written statement.

(3.) This petition was rejected by the impugned order as, according to the learned Judge, the Petitioner was not at all a necessary party in a suit simpliciter for eviction and he could hie a separate suit for appropriate relief. The rule is against this order.