SUDHIR GHOSH & ANR Vs. SHANTILATA ROY GANGULY

JUDGEMENT

(1.) This first miscellaneous appeal is directed against an order dated 23rd February, 2016 by which the plaintiffs' prayer for ad interim injunction was refused by the learned Trial Judge. The instant appeal was admitted for hearing under the provision of Order XLI Rule 11 of the Code of Civil Procedure on 16th January, 2017. After the appeal was admitted, an interim order was passed by this Court directing the parties to maintain status quo with regard to the possession of the suit property and/or the nature and character thereof till the disposal of the application.

(2.) When the said application being CAN 7259 of 2016 is taken up for hearing today, Mr. Chakraborty, learned advocate appearing for the appellants brings to our notice that his clients have filed an application for addition of party being CAN 1135 of 2017. It is stated in the said application that the suit property was gifted in favour of Nikhil Ranjan Nag by the defendant/respondent even before filing of the suit.

(3.) Mr. Chakraborty further submits that since the transfer of the suit property by the defendant in favour of Nikhil Ranjan Nag by way of gift was not within the knowledge of the plaintiffs/appellants, the plaintiffs/appellants could not implead Nikhil Ranjan Nag as defendant in the said suit. The appellants, thus, filed the application being CAN 1135 of 2017 praying for addition of Nikhil Ranjan Nag as respondent in this appeal.