NABI S.K. Vs. KRISHNA CHANDRA PAL

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed challenging the Order No.12 dated 30.11.2017 passed by the learned Civil Judge (Junior Division), 2nd Court, Jangipur, Murshidabad, in Title Suit No.119 of 2017 whereby the learned Civil Judge (Junior Division) rejected three separate applications, one for amendment of plaint and another for amendment of injunction petition and last one for addition of parties under Order 1 Rule 10 of the Code of Civil Procedure.

(2.) The plaintiff/petitioner filed the suit for declaration and for permanent injunction under Section 9 of the Code of Civil Procedure. During the pendency of the said suit, he sought for amendment of the plaint, amendment of injunction application and for addition of the parties. The said applications were rejected by the order impugned. So, the plaintiff filed this application.

(3.) Having considered the submission of the learned advocate for the opposite parties and on perusal of the materials available on record, I find that the first thing that requires to be answered is whether the legal heirs of the defendant, who was dead at the time of institution of the suit, can be impleaded as a party to a suit by exercising power under Order 1 Rule 10 of the Code of Civil Procedure.