BANI CHAKRA Vs. SAMAR KUMAR DALAL AND ORS

JUDGEMENT

(1.) An order being no. 38 dated 27th April, 2016 passed by the Ld. Judge, 10th Bench, City Civil Court, Calcutta in Title Suit No. 2761 of 2010 is under challenge in the instant revision under Article 227 of the Constitution of India at the instance of the plaintiff/petitioner.

(2.) Salient facts necessary for the disposal of the instant revision are summarized below :-

(3.) The petitioner as plaintiff filed Title Suit No. 2761 of 2010 for declaration and permanent injunction against the defendants/opposite parties. A decree for declaration was prayed for by the petitioner in the above mentioned suit to the effect that the contract executed between the plaintiff/petitioner and the defendants/opposite parties no. 1 to 6 is a concluding contract and purported transfer of the premises in suit in favour of defendant no. 7 and 8 is in violation of the aforesaid contract between the petitioner and opposite parties 1 to 6. In the said suit, on the prayer of the petitioner an ad interim order of injunction was passed on 4th August, 2010 directing the parties to maintain status quo in respect of possession, nature and character of the suit premises. Subsequently, the said order of ad interim injunction was made absolute by the Ld. Trial Judge till the disposal of the suit. In pursuance to summons, the opposite parties no. 3, 5, 7 and 8 entered appearance in the said suit and duly filed their written statement. Summons sent to opposite parties no. 2, 4, 6 and 9 were returned with postal remark 'left'. Ultimately by an order dated 20th December, 2013, the Ld. Trial Judge expunged the names of the defendants/opposite parties no. 2, 4, 6 and 9 and fixed the suit for peremptory hearing. This prompted the petitioner to file an application under Section 151 read with order 1 rule 10 (2) the Code of Civil Procedure (hereinafter described as CPC) immediately on the date of passing the order expunging the names of the opposite parties no. 2, 4, 6 and 9 from the cause title. The said application was rejected by the Ld. Trial Judge by an order dated 27th April, 2016 which is impugned in the instant revision.