LAWS(CAL)-2007-12-25

PIR MOHAMMED Vs. GOPAL CHATTERJEE

Decided On December 10, 2007
PIR MOHAMMED Appellant
V/S
GOPAL CHATTERJEE Respondents

JUDGEMENT

(1.) THIS revisional application has been directed against the order dated 9. 7. 07 passed in title suit No. 148/03 in the 2nd Court of Civil Judge, Junior division, Basirhat, North 24-Parganas.

(2.) THE plaintiff/o. P. filed the title suit No. 148 of 2003 in the said court against the defendant Pir Mohammed for eviction from the suit premises which was his place of business. The plaintiff made attempts to serve summon of the suit upon the defendant Pir Mohammed repeatedly and once the defendant refused to accept the summon and in another occasion the envelop returned with the endorsement as 'not claimed'.

(3.) HOWEVER, the present petitioner Golam Rasul filed one application under Order 1 Rule 10 of the Code of Civil Procedure (in short the CPC) for his addition as co-defendant on the ground that it was not the defendant Pir mohammed, the sole tenant but he himself is also a tenant in the same premises as a partner of the business. However, such petition was rejected on contest.