TUSHAR BISWAS Vs. BHABANI PROS AD PAL

JUDGEMENT

(1.) THIS Rule is directed against Order no. . 5 4 passed by the learned Judge, 12th Court, City Civil Court, Calcutta in Title Suit No. 327 of 19x3. The plaintiff is the petitioner before this court.

(2.) BY the impugned order the learned Judge has allowed the application for addition of party made on behalf of opposite parties nos. 1 and 2.

(3.) THE aforesaid Title Suit had been filed by the present petitioner, inter alia, for a declaration that he is entitled to the allotment of a plot by opposite party no. 3 Calcutta Improvement Trust, for permanent injunction restraining the Calcutta Improvement Trust from making the said allotment in favour of anyone other than the petitioner. In the said suit, the opposite parties 1 and 2 had applied for being added as parties, inter alia, alleging in the application for addition, that the plain tiff/petitioner had already received from the applicants a substantial amount on diverse dates agreeing to transfer the plot which was to be allotted by the Calcutta improvement Trust to him and that the petitioner had authorised the applicants to receive further communications by the C. I. T. which would be binding on the plaintiff and the fact that in a writ proceeding instituted by the plaintiff before this court the applicants/opposite parties, inter alia, were permitted to be added as respondents with liberty to the C. I. T. to settle the disputed plot with any person including the added respondents, which even on appall before the Division Bench was not substantially altered or modified. The said applicants had disclosed along with his application for addition, the agreement between them and the plaintiff-petitioner.