SPRITEX MACHINES Vs. SAILENDRA CHANDRA DAS

JUDGEMENT

(1.) The order dated 28th April, 2006 passed by the learned Trial Court in Title Suit No. 31 of 2003 in response to an application under Order 1 Rule 10(2) of the Code of Civil Procedure is under challenge in this application under Article 227 of the Constitution.

(2.) Mr. Madhab Prosad Banerjee and Sri Swadesh Ranjan Ghosh, as petitioners, filed an application under Order 1 Rule 10(2) read with section 151 of the Code of Civil Procedure praying for allowing them to be added as plaintiff Nos. 4 and 5 in the suit. A written objection as against such prayer for addition was filed. Learned Trial Court after taking into consideration all relevant fact and circumstances by the impugned order allowed the said prayer. Learned Court thereafter fixed a date for filing of written statement.

(3.) Learned Counsel for the petitioners while assailing the said order submitted that having regard to the fact that the suit is one for specific performance of contract and injunction, there could be no scope for allowing such persons to be added. It was emphatically submitted that the said Madhab Prosad Banerjee and Swadesh Ranjan Ghosh cannot have anything to do with the subject-matter of controversy in the suit. According to learned Counsel, those persons are neither proper not necessary parties.