SURESH KUMAR DAS Vs. MANJURANI BHUYAN

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 3/8/2023 (Annexure-1) passed by learned Senior Civil Judge, Jaleswar in CS No.317 of 2017 is under challenge in this CMP, whereby an application under Order 1 Rule 10(2) CPC to implead the Petitioner as a party to the suit has been rejected.

(3.) It is submitted by Mr. Bose, learned counsel for the Petitioner that the suit has been filed for partition and permanent injunction by the Plaintiff/Opposite Party No.1. While preparing the plaint, the Plaintiff has omitted to state about the branch of the Petitioner. When the Petitioner came to know about pendency of the suit, he filed an application under Order 1 Rule 10(2) CPC with a prayer to implead him as a party to the suit and contest the same. Initially, similar nature of applications was rejected vide order dtd. 28/11/2022 on the ground that no document in support of the claim of the Petitioner as co-sharer of the joint family property was filed. Thus, while rejecting the application, learned trial Court gave liberty to file fresh application under Order 1 Rule 10 CPC.